Perfection On Criminal Coercive Measures System In China

As an important part of criminal lawsuit system, the criminal coercive measures system is to ensure the criminal lawsuit and realize the purpose of criminal lawsuit. This system shows the contradictory and united relationship between conduct of criminal penalty and protection of human rights. For the relationship, the criminal coercive measures system must be perfected.But since China's long design of the traditional concept of Justice and legislation itself unreasonable, in practice, Coercive measures applicable only for handling services is very prominent, Often does not act according to the procedures, serious problems such as extended detention, especially in the growing importance of the protection of human rights now, urgent perfection of criminal coercive measures in our country, to reflect people-oriented idea, reflect the determination of States to respect and guarantee human rights.I combine theory and judicial practice, proceeding from the status of procuratorial organ criminal compulsory measures apply, to analyze the problems in China's criminal coercive measures system study on how to ensure the smooth progress of the criminal procedure and strike a balance between the protection of human rights, criminal coercive measures system improve the proposal.Structurally, the article is divided into three parts. The first part is general system of Coercive Measures . At first,concepts introduced the system of Coercive Measures, analysis of the characteristics of criminal Coercive Measures, and with the British common law, civil law countries compares coercive measures system. The second part of the problems in the application of coercive measures system in China. Analysis of present situation of application of the system of Coercive Measures, and the existing problems and causes of problems . The third part is the perfection of criminal coercive measures system. In the previous section, on the basis of pointing out the problems and the analysis of the causes, put forward the following opinions: the necessity of perfect our country's system of criminal coercive measures system, perfect principles should be followed in criminal coercive measures of our country specific ideas and improve system of our country's system of coercive measures of suggestion that perfect coercive measures timely change and cancellation system, strengthen the procuratorial organs of the legal supervision function, improve the remedy system to execution, establish the compulsory measures illegal applicable and punishment mechanism.