On The Matter Of Criminal Coercive Measures To Build

In the revision of Criminal procedure law2012, the reconstitution of CriminalMandatory Measures is one of the most-watched part which have changed. The changeof the Bail and the residential surveillance make Criminal procedure law morescientific. The system design is more reasonable, the implementation of measures moreperfect and more maneuverability. But when the protection of human rights becomethe most important value of the criminal procedure law at present, the system structureought to be discussed. From the research trends, Previous studies scholars focus isoften the national law in accordance with the law on the legal restrictions on freedomof citizens, and after entering the twenty-first Century, the definition of standardsystem of compulsory measures and how to compulsory measures scientific orientationand design problem has been attached more importance. I think, the criminalcompulsory measures have natural property to violated the constitutional rights ofcitizens, but the internal logic system of compulsory measure is: let the force behaviorwhich will infringe upon citizens’ basic constitutional rights into a set of powerrestriction and supervision system to limit, to achieve the protection of the rights ofcitizens and the crime of balance. In the current criminal procedure law, design thesystem of criminal compulsory measure still maintain the traditional legislation,contains only coercive measures against the personal rights, property rights, the rightof privacy and the other rights of compulsory behavior, be specification into thedetection part, from the constitutional rights of citizens protection height said, thecurrent system of compulsory measures favor one more than another to make it lookclosely not enough. This paper intends to criminal coercive measures systemperspective, discusses our country compulsory measures system constructionfeasibility of.This paper is divided into three parts:The first chapter to the understanding and analysis of the traditional concept ofcompulsory measures, from the basic concept of guarantee of human rights andprotection of the constitutional rights of citizens to define compulsory measures andenforcement measures on the property, make new consideration of criminalcompulsory measures in nature. At the same time difference between the compulsorymeasures in criminal investigation and compulsory measures and in nature, for thesame goal;The second chapter introduces the relevant legislation of the system of criminalcoercive measures, through the positioning of the legislative and judicial practice inour country criminal compulsory measures of exposed in the seizure of the object isnot clear, storage, processing of the comb attachment, which involves the interestschain, analyzes the reasons, starting from the Perspective of judicial control discussionon the necessity, the system of compulsory measures of compulsory behavior into, toconstruct our country of criminal compulsory measures should adhere to the principleof legal procedure, the principle of necessity and the principle of proportionality,judicial review and effective relief principle are discussed, the compulsory measures on the property can be discussed operation, advocate through a relatively moderate,gradual institutional change to improve enforcement measures on the property;In the third chapter, on the basis of the second chapter, put forward suggestions onthe coercive measures of reconstructing, right as the main line, from the three aspectsof decision procedure, implementation procedure and judicial review and judicial reliefone of constructing and perfecting. Based on the situation of our country, I’ll try tomake operable program planning and design of compulsory measures in china.