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Perfection Of Criminal Coercive Measures

Posted on:2014-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:H Q HeFull Text:PDF
GTID:2266330398996496Subject:Law
Abstract/Summary:PDF Full Text Request
The criminal procedure law in2012made great changes to the criminal compulsory measures, embodies the concept of respect for and protection of human rights, the protection of citizens’fundamental rights have made great progress. However, the purpose of the specific status of application of the judicial pracitice of criminal coercive measures,often become overly dependent on the fight against crime and protection of the fundamental rights of the citizens have been neglected. This article analyses the criminal compulsory measures from the protection of basic civil rights, explaining its existing problems and shortcomings from the protection of the citizens of the substantive rights and procedural rights angle, this article puts forward some suggestions to perfect criminal compulsory measures by the comparative study and reference from the relevant institutions abroad. In civil substantive rights, the existence of the infringement of citizens’ personal freedom rights situation:our law does not provide priority to. the principle of non-custodial coercive measures, and long periods of detention, bail, monitor the length of residence is unknown, the arrest of high utility ratio; damage citizen economic rights cases is the amount of deposit is not clearly defined; in the procedural right side, when the rights of citizens are infringed, it is lack of corresponding the relief right. Based on the above problems from legislation, law enforcement and system level analysis of the causes, put forward a sound proposal, legislation to set the non-custodial coercive measures priority principle, specification detention range and the period of detention, public security organs clear three bail system, surveillance of residence time, clear margin amount; Perfect the parties compulsory measures of supervision and relief mechanisms; improve the disciplinary mechanism; change law enforcement personnel the concept of law enforcement; system to improve the supervision of examination and approval power of the procuratorial organ.
Keywords/Search Tags:criminal enforcement, protectionbasic rights, improve, research
PDF Full Text Request
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