On The Country's Criminal Coercive Measures The Angle From The Body

China’s current criminal compulsory measures have a lot of disadvantages,For example:The time in the restriction of personal freedom is too long. The weak of relief measures、The lack of the supervision of the neutral。Especially in five kinds of compulsory measures in participants there are a lot of problems:One is Law enforcement main body abuse custody compulsory measures and Alienation uncompulsory measures。The second is The victim of the criminal case is lack of trust of the law. when the rights are violated,Not by legal way to ask for help, but would rather choose petitions。The third is as the criminal compulsory measures object suspect, the rights consciousness is not high, lacking of understanding about their own right,Don’t know how to use the law to protect themselves。The fourth is in the provisions of the compulsory measure of guarantor pending trial, The provisions of the guarantee of the guarantor do not rise to any action. When the guarantor fails to guarantee responsibility, The penalty clause without the possibility of execution.Five is When the witness refused to testify, we have no compulsory measures,Sometimes lead to case can’t verify,Hindered the lawsuit to undertake。With the concept of rule of law in our country is advocating and The gradual development of the concept of human rights,Our country in the protection of human rights is consistentin with the international human rights,In this respect there is no obstacle。The constitution of our country has the provisions of the human rights,To the person’s the most basic rights protection is also not lag behind,the constitution and the basic law are defined。The key is the practice of law has some problems,Including the legal problems of lawman and Common people’s legal quality、The rule of law consciousness have some problems。Regulators often bend the law for personal gain,Even using the law as rent-seeking tools,The majesty of the law does not exist。People lack of the consciousness of using the law to maintain their rights,As time passes,The whole society lost the trust of the law。In our country is not the legal system is not advanced,But should be more consider our rule of law environment problems。on the improvement of the criminal compulsory measures,one hand is that we should more consideration to strengthen the supervision of the law enforcers and illegal penalty,Through the detailed legal system constraint law enforcers。On the other hand is to strengthen the protection efforts of the Forced object, Establish comprehensive rescue system、Protection measures and the relevant defense system as to against the powerful country machine。Increase the guarantee way and the feasibility of the guarantor guarantee。To expand the scope of a guarantor pending trial, To establish the compulsory measures of the witness have an obligation to testify and Protection system。In a word,We should establish a set of practical legal system arounding the compulsory measures in each subject,To ensure the smooth progress of the criminal litigation,To safeguard the interests of the victim at the same time guarantee the suspects’ rights。...