On Criminal Issue A Warrant

As an important part of Criminal compulsory measures, criminal compulsory summon takes an important position in the criminal proceedings. It not only is a strong weapon to crack down on crime, but also reflects a nation's legislation design and justice operation level. It is an important symbol to measure if the criminal proceeding is democracy, reasonable and enlightened.Although there are some regulations about the conditions of criminal compulsory summon, object and time limit in the relevant provision, the content is very simple and the bounds and applicable order are unidentified with relevant measure, it doesn't work well. Also with the tradition of paying attention to substantive law and indifference of procedural law, it makes the police and judicial officers only pay attention to the clear-up rate but ignore the human rights. Moreover, as the criminal suspect's counter reconnaissance means improve, the professional asks to extend the compulsory summon time more and more, then, reasonably structuring our criminal compulsory summon system come to be an important question during the Criminal Law's modification. So, deeply exploring the principal theory of criminal compulsory summon, carefully studying its history and status, repeatedly comparing with different countries and area, systematically researching and solving the problem during the criminal compulsory summon operation, and wholly discussing its reformation and perfection are of great theoretical and practice significance.The article includes three parts of introduction, body and conclusion, and the body includes four chapters.The first chapter is about the jurisprudential analysis of criminal compulsory summon. In this chapter, the author first defines the concept of criminal compulsory summon and clear off two disputes before the definition, then analyzes the characteristic and show the developing process of compulsory summon, finally compare the two group of concept's difference between compulsory summon and general summon, compulsory summon and stop and frisk. Overall, the barrier to understand is clear away.Chapters two, on comparative study of criminal compulsory summon system. In this chapter, the author will introduce the current situation of four countries and two areas, show international development tendency, and will also give some brief evaluation.The third chapter refers to the legislation of current criminal compulsory summon system in our country. The author will introduce the current system from five aspects as the deciders of compulsory summon, way, time, place, compulsory summon assistance and processing after, which lay a good foundation for analyzing the defects and presenting suggestion.Chapter four, the legislation defect and perfection of the criminal compulsory summon system in our country. In this chapter, based on the questions appearing in action, the author will prove the following seven pieces of advice to perfect our compulsory summon system, expanding the range of compulsory summon object to absence witness without reason, delimiting the compulsory summon condition, extend compulsory summon time limit, stipulating compulsory summon interval, perfecting compulsory summon place, further refining required information on the summons, bringing in compulsory summon by commission and unlicensed compulsory summon.