Researching On Chinese Wanted System

Wanted order is a kind of important measures of arresting criminal fugitives for the judicial authority, it has an important role in punishing the crime and ensuring the criminal procedure orderly proceeded. Through the investigation of foreign wanted system, we can find some countries have high degree of several legalization in civil law countries, such as Germany, France and other countries, which has a detailed regulation on wanted measures and powerful guides the application of wanted measures in the judicial practice in its Criminal procedure law .Although countries of Anglo-American law system don't have statutes on wanted, the measure also widely used in the judicial practice, which plays an important role in cracking the case. Analyzing the reason, we can see these countries attachégreat importance to limit the investigative power, and formulate relevant supporting measures to guarantee the wanted measure used effectively. Compared with these countries, our investigation phase failed to implement the writ socialist principles, the investigation of the investigation organ almost unlimited jurisdiction. Wanted measure is a high compulsory measure, it will seriously violates the basic rights of citizens including personal liberty, reputation, etc, if it is inappropriate used. Therefore the wanted measure should has meticulous and strict regulations when designed program, but "criminal procedural law" the regulation of wanted is very simple in our country, leading to judicial functionaries cannot depend the law , abuse and misuse the wanted measure, with damaging citizens lawful rights and interests in the judicial practice. When Criminal procedure law will be changed again, our country should reform the existing wanted system to make this a effective reconnaissance means can effectively in the judicial practice regulating the implementation, basing on the experience in legislation referencing basis and combining with the situation of our country. In view of our country, there are many problems in wanted system .In order to promote our country's judicial construction, realizes the judicial justice, we should perfect it from many aspects, such as building system of writs , perfecting removal system , establishing the relief mechanism, etc .