On The System Of Seizure

Seizure and delivery is the rights of any citizens in The People Republic of China according to The Criminal Procedural Law, Article 63, it's a power that gives citizens to fight against the criminal acts. In accordance with the 63rd article of The Criminal Procedural Law, and in the light of the criminal suspect or criminal carried out seizure and delivery, which is belong to legal behavior. Seizure and delivery regulation has important realistic meaning and profound theoretical significance, set up a sound that can give play seizure and delivery system, all the members of the society common prevent and punish crime's original intention, still can enhance social solidarity, and promote harmonious, more can disseminating virtue, reveal justice, improve security. However, both for seizure and delivery theory to explore, or to the improvement of the legislation seizure and delivery, haven't been able to cause the attention of scholars, judicial circles enough, resulting in more and more seizure and delivery "accident" constantly repeat, not only hurt the offender Seizure and delivery heroic self-esteem and confidence, more make the "right" have become the decoration of built on stilts.Therefore, this article, from the seizure and delivery provisions of the relationship with many similar concept Seizure and delivery system origin and discrimination, typical countries outside existing drawbacks, seizure and delivery regulations, perfect the system of seizure and delivery provisions on how the four angles, comprehensively Seizure and delivery system of preliminary research, in order to establish seizure and delivery (including early heroic) and formulate specific legislation seizure and delivery fully and the system of modern legal system and enhance Seizure and delivery to building a harmonious socialist cause the active efficiency.Full text is divided into four parts, a total of around 30000 words.The first part summarized the connotation and extension seizure and delivery. Seizure and delivery as a criminal judicial auxiliary measures, shall meet the procedural, the functions and powers, The Criminal Procedural Law and it`s auxiliary basic characteristics. At the same time, because of the seizure and delivery not equality between civil main body agree, not the meaning of the fluid but delimiting in criminal procedure normalization, standardization act, but individual citizens under the condition of autonomy for criminal compulsory to body. Therefore, it is necessary to clarify seizure and delivery with similar concept relation between, mainly including seizure and delivery and illegal detention, justifiable defiance, emergency, deliberately hurt and negligence injury and death negligence concept, such criminal between them, there are certain overlapping relation seizure and delivery behavior by seizure and delivery caused when object, it is apt to cause the damage of the concept of seizure and delivery and related punishment, thus distorts confuse the legislation seizure and delivery provisions value and system significance. Therefore, the author differentiates seizure and delivery and related one of the concept of punishment, combining the practice case relationship from different angles of their essence of explains the differences.In addition, this section is devoted to the system seizure and delivery shall be slightly exam, collected the law Succoth such as judicators qing ", "the rules", "the arrest and detention regulations and other relevant laws on a base of classics, like seizure and delivery system to make a clear context representation, a certain degree of a more scientific and comprehensive paper. The second part, introduced today's mainstream country under the rule of the seizure and delivery provisions points, and hopes to take this as a perfect our current seizure and delivery prescribed a reference. Mainly includes French seizure and delivery provisions, Japan's emergency arrest and private arrest, Germany's temporary arrest and American unlicensed arrested system. Because the data collection is difficult and the author level restrictions, only through some translation everybody and press in the translation of a figment of my imagination, there must be many disadvantage.The third part, the author details from all aspects of the current seizure and delivery defects, so this part is this paper backbone. Mainly discusses the seizure and delivery criminal coercive nature, lead to public and private properties seizure and delivery confuse the cause, seizure and delivery behavior process of some typical problems and seizure and delivery accept organ infringement of its not as too narrow range. The author thinks, must face seizure and delivery existing defects in the face of seizure and delivery seizure and delivery between objects by the sharp conflict between from the source, can eliminate the "blood and tears" hero of social tragedy to happen again, can become rise to superstructure status of seizure and delivery legal sources.Fourth part, seizure and delivery deficiency in current legal system from seizure and delivery outside, the author tries to from two Angle are put forward, the idea of two seizure and delivery theory, one is thoroughly revised model in China compulsory measures "points" regulation, either seizure and delivery chapters in the criminal law justifiable defiance system into the center, make its already can play seizure and delivery extensive effect and can use justifiable defiance timely sexual function, achieve both good situation of complementary advantages. On the other hand, it is abolished seizure and delivery coercive measures, formulate specific provisions of seizure and delivery regulations, and the establishment of national heroic (including seizure and delivery) fund, set up the special seizure and delivery management authority (including legislation, the fund management organ, etc.), already can exempt from seizure and delivery person's worries, making the heroes return.