Improve The Coercive Measures And Legal Supervision Of Research

As significant criminal judiciary which runs through the whole criminal litigation activities, the scientificalness and rationality of criminal compulsory measures concern the realization of the ultimate goal which is striking crimes and guaranteeing the human rights in the modern criminal litigation. Criminal compulsory measures are influenced by the superstructure elements such as the politics, culture and economy of a country. Looking far and wide the development of criminal litigation, different value orientations exist in the different periods of history, that is the transition from the blind emphasis on striking crimes to paying equal attention to striking crimes and guaranteeing human rights in the mode of modern criminal litigation. The personal freedom of suspects and defendants will be inevitably restricted or deprived to different degrees by the application of compulsory measures, and the human fundamental rights will be certainly infringed if they are abused. Validity principle, proportional principle and due process principle should be followed in the course of the application of compulsory measures. In nowadays'world, the maturity of compulsory measures and the guarantee and relief of rights thereof are carried out from beginning to end, whether in Anglo-American law system or Continental law system, whether stipulated sporadically or systemically.Criminal compulsory measures are innately characteristic of expansion as a public right. As Charles de Secondat Montesquieu said,"every man invested with power is apt to abuse it."The power will behave recklessly if there is no effective procedural restriction mechanism and supervision system. Power restricts power and right resists power is the evitable demand of modern law process. Next, confronted with powerful judicial office, the improvement of judicial remedy system turns out to be especially important when the civil rights are infringed. Therefore, in the light of the legislative shortage and judicial puzzle in our current criminal compulsory measures, taking the opportunity of re-revision of Criminal Procedure Law, at the same time of the acceleration of systematical and scientific legislation of compulsory measures, we must improve the construction of supervision system and judicial relief system. In the case of system construction, the share platform of compulsory measures should be set up to make sure that the inquisitor organs could discover and examine the legitimacy and to guarantee inquisitor organs'supervision rights. Meanwhile, lawyers should be endowed with the defense function to promote the modern law process.To start with nomological character of criminal compulsory measures, using criminal compulsory measures abroad for reference, through the reasoning of the necessity of supervision on compulsory measures, the article comprehensively conceives of the improvement of restriction and supervision system to urge the compulsory measures to balance striking crimes and guaranteeing human rights, as well as to realize the harmony and unification which are required by Chinese situation and international criminal judiciary associating modern criminal judicial theory.