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Research On The No-custodial Compulsory Measure

Posted on:2013-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:S B ChenFull Text:PDF
GTID:2246330395951943Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The phenomenon is more serious in China’s pre-trial proceedings in a disguisedform of detention, extended detention, illegal detention, reform of non-custodial systemof compulsory measures, and improve the system of coercive measures has become thehot issue of concern by the community. In order to position the Non-custodialCompulsory Measure as the balance point between ensuring smooth criminalprosecutions conduction, crimes punishment and human rights protection, it is necessaryto explore the basic theory of the system and to clarify the basic problems within itself. Itis also necessary to combine with the Amendment of Criminal Prosecution Law and referto the Non-custodial Compulsory Measure cases abroad and then propose the detailedadvice of further reformation and improvement of the system, which will benefit theperfection of our domestic criminal prosecution compulsory measure and even the wholecriminal prosecution system.This article will lead us to deeply explore the reforming path of the Non-custodialCompulsory Measure through analyzing, identifying and studying on the basic theoryand existing problems of the present Non-custodial Compulsory Measure.The first part of this thesis briefly gives the foundational concept of Non-custodialCompulsory Measure, coming along with the second part of the exploration ofNon-custodial Compulsory Measure cases abroad. The International Developing Trend ofNon-custodial Compulsory Measure is concluded through organizing, analyzing thesystem in different countries like UK,US, Germany, Japan, and Taiwan, which has madea great reference for our Domestic Criminal Compulsory Measure system’s reformation.The third part is to deeply analyze the present problems within Domestic Non-custodialCompulsory Measure in different aspects like the idea of Criminal litigation, litigationPattern and Judicial System. The problems like lack of legislation and judicial practice inthe present of Non-custodial Compulsory Measures, low application rate andunreasonable process in Domestic Non-compulsory Measure are all included. The fourthpart talks about improving Domestic Non-custodial Compulsory Measure. Adopting theidea of combining the long-term achievement with the gradual steps towardsimprovement should be considered. At present, we should promote the non-custodial Compulsory Measures to perfect the process, with the implementation of human rightsprotection, the presumption of innocence, procedural justice principles, and gradualperfection of compulsory measure system and procedure in order to restrain and properlyuse it in guarding citizen’s legal rights. Concrete ideas on summoning by warrants, bailand detention pending are presented based on applicable conditions, procedures andsupervision.
Keywords/Search Tags:Non-custodial Coercive Measures, Issue a Warrant, Released on Bail, Residential Surveillance
PDF Full Text Request
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