| Compulsory measure in criminal investigation, the opposite of optional measure, is the measure that investigative organizations take with enforceability in order to collect evidence and capture criminal. It includes the compulsory measure mentioned in the Criminal Procedure Law and the fact of investigation behavior such as solving cases, searching and preserving evidence.As the topic of compulsory measure has been extensively studied in recent years, this essay will mainly focus on the supervision issue in the compulsory measure in criminal investigation rather than compulsory measure alone, which has not yet been studied in depth.These compulsory measures are restriction or deprivation of certain civic rights. In practice, an abuse of compulsory measures will easily lead to violation of the legitimate rights and interests of citizens, so supervision and restraint are indispensable.Compulsory measure in criminal investigation is mandatory, which will easily lead to infringement and should be adopted strictly. As for different object, there are compulsory measure towards human body, object and right of privacy. As for the scope of application, there are common and special investigation measures. The former can be adopted in all criminal cases while the latter is only permitted to be used in certain condition.There is a potential risk of violation of citizen’s basic right in the use of compulsory measure in criminal investigation. However, concerning punishment of criminal, maintenance of social order, protection of human rights of victims and obligation of criminal suspect, there is legitimacy for compulsory measure. It is of great function and significance if it is used under related regulation and procedure according to the principle of law, proportionality, and investigation and so on. It will ensure the conduct of criminal proceedings, increase investigation efficiency, punish crimes effectively, improve crime prevention, reduce damage and educate criminal and other citizens. |
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