Abuse Of The Legal Principles Of Criminal Compulsory Measures

Criminal Compulsory Measures, as an important system in Criminal Procedure, 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. Applying Criminal Compulsory Measures will inevitably and objectively restrict or divest the Suspect and the Accused of their personal freedom at different degree. If we apply them unsuitably, we are certainly likely to infringe upon civil essential rights. An amendment of criminal law in 1996 in China, It makes our country Compulsory Measure System heading for the legalization gradually. But, because of our historical and cultural background, traditional ideas and the limitation of the development, we are still deeply affected so much by the traditional ideas such as more emphasis on the priority to the national authority, the criminal punishment, the substantial laws and less valuation on the protection of the basic human rights, the procedural laws the persistent events, such as illegal pre-trial detention, the torture inquisitions, the extended pre-trial detention and the obstruction for lawyers'intervention , are still extensively existed in the judicial practices. In the view of the history and the word, the most important thing to change the aspect of abusing Criminal Compulsory Measures in our present criminal Execution is to consummate our Criminal Compulsory Measures by taking the opportunity of amending the criminal procedure law.It is expatiated major problems of protecting human rights in Criminal Compulsory measures, analyzed reasons for causing these differences at ideological and institutional levels, and proposed measures to reform and reinforce protective system in Criminal Compulsory Measures in the thesis.