Research On The Reform Of Chinese Criminal Compulsory Measures

On the criminal compulsory measures, the provisions of China criminal procedure law are different from the legislation of most foreign countries.Many law-based countries implement the compulsory measures against the object of criminal suspects and defendants, but also give the constitutional rights, In addition to made clear provisions of the applicable conditions, procedures, time, at the same time to seek relief way after they were implementing the criminal compulsory measures,This is fundamentally guarantee the criminal compulsory measures as a kind of lawsuit safeguard measures with legal significance.Looking back China criminal procedure law, although from1979has been experienced two judicial reform and in the struggle process and crime has played a positive role,but we should also see the problems of China criminal compulsory measures at the same time.In order to improve the system China criminal compulsory measures,we should clear the whole idea of China criminal coercive measures system reform at first, adhere to the basic principles of criminal compulsory measures.The author’s suggestion is to perfect the system of criminal compulsory measures, establish、improve the relief mechanism of the rights of criminal compulsory measures.Finally we construct the system of compulsory measures China criminal specifically, mainly from the criminal compulsory measures of compulsory measures, the compulsory measures, on the matter of privacy enforcement measures, to establish of lien and interrogation,"double designation", improve the summons, arrest, bail, abolition of residential surveillance on compulsory measures; Increase the search and seizure on enforcement measures on the property;Taking the interception, interception of communications, electronic monitoring and secret photos or video detection method as evidence of privacy enforcement measures.