The Study Of Criminal Coercive Measure Change

One of the main functions of the criminal compulsory measures is to ensurethe smooth progress of litigation, which is clearly stipulated in the criminal procedurelaw in China.But the law also stipulates the system of the changing of coercivemeasures to adapt to the dynamic changes of the case and to protect the lawful rightsand interests of the parties,especially in the revised criminal code, there are a lot oflegal provisions are related to the changing of compulsory measures. But inpractise,this issue still deserves more attention.This thesis aims to put forward theproblems that exist in the changing of criminal coercive measures in China, and thenanalyzes the reasons for the existence of these problems, finally it raises the solutionsto the problems exist in the practice and the suggestions of improvement.This thesis is divided into three parts，the first part analyses the meaning of thecriminal compulsory measures changes. It starts with the introduction of the presentsituation of the meaning of criminal compulsory measures changings in China, thenanalyses the meaning both in the broad and narrow sense, and the alteration,termination, cancellation of coercive measures are defined respectively so that thedifferences between termination and cancellation can be pointed out. And then itanalyzes the principle of criminal compulsory measures changings which includes thelegal principle, the principle of timely, convenient principle, proportion principle, andthe principle of humanitarian. At last, it elaborates the practical values of thechangings.The second part discusses and analyzes the problems and reasons on thechanging of criminal compulsory measures in China.This chapter describes theproblems of coercive measures both in substantive law and procedural law.The mainproblem is the public security organ is quite arbitrary about the procedures of thecriminal compulsory measures changes, which not only damages the authority of thejudiciary but also does harm to the legitimate rights and interests of parties.In that way,this kind of irrational behavior leads to great impact on China’s judicial work.Inthe second place, the procuratorial organs do not play a proper role in practice,thesupervision does not reach the designated position so that the changes can’t be madein time.Third, the changing of criminal compulsory measures is unitary, which leadsto the lack of effective restriction. And at last, the thesis analyzes the reason and the origin of its existence from the aspects of legislation,judiciary,concept and reality.The third part put forward the methods of how to regulate the compulsorymeasures changing procedure in China and gives ideas on the reform. This thesisemphasizes the importance of legislative ideas, which is the premise of the procedureimprovement. Then it points out that the supervision of the compulsory measuresfrom the procuratorial organs should be substantiated, and it’s also the innovationpoint of this thesis.In the end,some suggestions such as relief channels of the partiesshould be expanded and the legal knowledge should be popularized are raised.