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Non Custody Compulsory Measures Problem Research

Posted on:2014-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:W H CaoFull Text:PDF
GTID:2246330395491659Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In current judicial practice in our country, the proportion of non custody compulsorymeasures is very low. Instead,"custody","disguised custody" problem has been there. Thisphenomenon is not useful for protecting the lawful rights and interests of criminal suspects,defendants, improving lawsuit efficiency, restricting public power exercise or even illegal. Asthe reasons of low proportion of non custody compulsory measures has two aspects: the firstis the presumption of innocence, the protection of human rights thought fails to beexperienced well, carried out; Second is non custody compulsory measures itself also hassome problems in the system, and these limit its function very well.2012the new law of non custody compulsory measures, in order to promote thecontinuous development of the criminal lawsuit of our country, to speed up the construction ofthe rule of law civilization, improve the non custody compulsory measures applicable rate, wemust constant improve the non custody compulsory measures. We should base on ournational conditions, scientific analysis of the non custody problems of compulsory measuresin legislation and judicial practice, besides studying abroad the detained many advantages onthe basis of the non custody compulsory measures to perfect the non custody of compulsorymeasures applicable in our country.
Keywords/Search Tags:non custody compulsory measures, A warrant, To obtain a guarantorpending trial, Residential surveillance
PDF Full Text Request
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