Some Problems Of Criminal Coercive Measures

It has been 15 years since the amendment for the Code of Criminal Procedure from 1996.With the political and economic development,and the acceleration of judicial reformation,some problems appeared.The problems of extended detention and disguised detention,especially the coercive measures have attracted more and more attention of the academia,the judiciary and the whole society.And the calls for the amending of the related content are becoming stronger.It’s the time for the publishing of the draft amendment for the Criminal Procedure.This paper discusses the present legislation and appliance situation in our country.Consindering the national ondition of our country,it looks for the way of improving the Criminal coercive measures by learning the legislation and research resules abroad.Focused on the Criminal coercive measures,the paper discusses the following aspects.The introduction confirmed that the Criminal procedure had got a step forward in the dierction of scientification,legalization and democratization after the amendment in 1996.While there are many problems appeared in the process of the coercive measures appliance.Since fouced on the fight against crime,ignoring the protection of human rights,the coercive measures should be reviewed in theory and practice.The chapter 1 discusses the basic meaning,nature and feature of the Criminal coercive measures.First,it accurately lovated the concept of the Criminal coercive measures from the vies of protecting the basic civil rights.Second, it discusses the nature of the Criminal coercive measures in four aspects.And it discusses the main features of the Criminal coercive measures from comparing with civil and administration coercive measures in China.At last,it analyses the different litigation modes and purposes in the world, the unified view of controlling crime and protecting human rights in Chinese academia and the dialectical relationship between the Criminal coercive measures and human rights protection.The chapter 2 describes the importance of the basic principles to the Criminal coercive measures. Then it discusses the procedural legal principle, the proportionality principle and the judicial review principle.The chapter 3 studies the coercive masures in these countries that all have the modern type of Criminal suit system, excavating commonality of the procedure ideas and structures among these systems.The chapter 4 discesses the imperfection of Criminal coercive measures system in China and the deviation of the implementing.The chapter 5 proposes the reformation and improvement measures of the Criminal coercive measures in the following four aspects.First,the Criminal coercive measures system should be improved. Second, it clearly proposed the appliance conditions of Criminal coercive measures. Third, the judicial review system of Criminal coercive measures should be established. The last, the judicial relief system should be reinforced to strengthen the civil rights restriction to the investigative rights.