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Research On Pretrial Criminal Coercive Measures Structure Model

Posted on:2014-02-08Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2266330428460740Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The power of civilization makes the country moving towards the direction of the ruleof law and the rule of law is better embodied in "people-oriented". No matter thelaw-abiding citizens or the person in jail, they should enjoy the human dignity without theirrights being violated. As an important system in human rights protection laws, criminalcoercive measures is throughout the whole criminal action, which formed its own uniquestructure in the effective operation. A reasonable criminal coercive measures should havescientific structure model settings and powerful restriction mechanism, in order to achieve"the purpose of protecting human rights and punishing crime".But due to the difference of the concept and the essence of the criminal coercivemeasures, different criminal coercive measures structure model is formed---model tendingto guarantee individual rights and prosecution model tending to focus on criminalprosecution function. Different criminal coercive measures structure model reflects thevalue concept of one country, and a country’s rule of law process. Especially in the pre-trial,if there is reasonable structure model of criminal coercive measures, it will play the dualrole of protecting human rights and combating crime, to achieve the purpose of criminalproceedings.Due to the impact of the country’s political system, the government role and valueconcept development and other aspects, criminal coercive measures in different countries inthe typical structure of the two legal systems in the long river of history has formed itsunique characteristics. This paper introduced criminal coercive measures structure mode inthe Anglo-American law system, continental law system of some typical countries, didsystemic analysis, made clear the criminal coercive measures structure model, and refinedthe common features of all criminal coercive measure structure model to balance theinterests of all parties and guarantee human rights: namely, to establish the modern conceptof the rule of law of respect for and protection of human rights, both in the pursuit ofsubstantive justice, procedural justice and litigation activities, in order to avoid the lack ofprocedural justice and guarantee human rights without being discounted. Our new year’scriminal procedure law has greatly modified the system of the criminal coercive measuresthis year, whether it is based on the protection of human rights, or on the formation of asafeguard of criminal coercive measures structure model with scientific setting up andpowerful restriction mechanism has great impact on ruling the country according to the law,maintaining social order, safeguarding judicial justice, and the ultimate goal of law. The thesis finally pointed out, in the construction of Chinese coercive measures structure model,attentions should be paid to the inclusiveness of law, local resources of the law, the balanceddevelopment of interest and soon.
Keywords/Search Tags:Criminal coercive measure structure model, Species, Power, Human rights
PDF Full Text Request
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