The Research On Implement Of Additional Restrictive Obligations In China’s Non-custodial Coercive Measures

“non-custody compulsory measures append limited liability” is based on noncustody compulsory measures about additional forbidden measures during the secondtime amendment of “criminal litigation law of China”. It mainly mean non-custodycompulsory measures in criminal procedure law attached the relevant prohibitivemeasures. It include4obligations in Article69paragraph2, and obligation fromArticle75paragraph1sixth. The applicable objects is implemented to obtain aguarantor pending trial and residential surveillance enforcement measures of thecriminal suspect or the defendant. Additional restrictions on duty, on the one hand, isconducive to individualized and targeted for the compulsory measures of custody, alsohelp change of sexual coercive measures of custody normalized conditions shall apply,to better implement the " criminal litigation law of China " as provided for in article2of the concept of "respect and safeguard human rights" provides an effective way. Onthe other hand, because our country has long held the profound influence of the inertiaand the lack of additional prohibitive measures applicable law cognition, make thejudicial organ of the measures of concrete for a series of problems, such us: relevantlaws and regulations are too general, specific applicable procedural rules and absenceof working mechanism, and so on. The application of the additional restrictions obligation in the judicial practice difficult. Attach restrictive obligation correctlydefine the meaning of to the problems existing in the judicial practice for additionalrestrictions obligation systematic research to fill gaps in traction. Develop acomprehensive, perfect, reasonable applicable mechanism, promote additional limitedliability applicable institutionalization has become the top priority.This article can be divided into four chapters, chapter one state the implication,legal feature, value function of non-costidal compulsory measures append limitedliability.Chapter two mainly analysis the main additional applicable situation ofappending limited liability in our country. Firstly, Introduces the general situation ofthe legal system and analysis of the current our country additional limited liabilityunder the legislation level.Chapter there is a comparative study of the subject. Based on the law andjudicial practice of non-costidal compulsory measures append limited liability withthe relevant provisions of the comparative analysis of our country, To obtainbeneficial enlightenment.Chapter four, writer design specific rules for the additional restrictionsobligations stipulated in the "the criminal procedure law of China" from operatinglevel standard. From the decision, the applicable objects, the applicable condition, theexecution method, change of lift, legal consequences, detailed research on the aspectssuch as the legal supervision, in order to perfecting the system, the application ofnorms in the judicial practice.Additional restrictions of extraterritorial prohibitive measures based oncompulsory applicable mechanism on the basis of a comparative study, according toour country’s realistic judicial environment, legislative purpose of additional limitedliability. Rules for additional restrictions and obligations elaboration and proposes thecorresponding perfect solution mechanism construction, From non-custodycompulsory measures based on the effective and reasonable for additional limit Anglerestriction on additional obligations for systematic study, in order to form an organiccombination and custody compulsory measures, injunctive measures, strong operability legal framework of the system.