Shenyang Public Security Organs Of Criminal Compulsory Measures Study On Application And Improvement Countermeasures

Criminal compulsory measures is the country in order to achieve the purpose of litigation, guaranteeing smooth criminal procedure, temporarily deprive or restrict the behavior of the criminal suspect or the basic rights of the defendant, which is an important measure to sue criminals and guarantee the national judicial procedures effectively, playing an irreplaceable important role in modern criminal procedure. From the perspective of the history of world development, the construction of criminal compulsory measures system should be based on the theory of citizens’basic rights. The national force is the back of the compulsory measures, which makes the compulsory measures under the control and restrained of the national criminal policy in the way of operating procedures and methods, the rights of citizens to obtain legal relief, to avoid the infringement of the basic rights of citizens due to the abuse of power. In2004, our country amended the constitution,"human rights are respected and ensured by the country "has been written into the fundamental law, which showed us a responsible image in a high level. Since then, China entered a new era of human rights protection. After the new criminal procedure law of the People’s Republic of China published in2012, more detailed rules about the procedures and standards of criminal compulsory measures had been made, which is a kind of progress of legislation and reformation of social practice, marking the criminal policy of our country had entered a new era. However, when the criminal compulsory measures come into judicial practice, there are still many problems unresolved in this revision. This article through the survey of the status of application of criminal compulsory measures in the Public Security Bureau of Shenyang shows that a scientific applicable way of management is in need, because all levels of public security departments in Shenyang execute the criminal compulsory measures only according to the relevant laws, due to the lacking of a standardized application system.In this paper, based on field work research, starting from the current application situation of the Shenyang public security bureau, the authour explored the problems of the application of criminal compulsory measure in Public Security Bureau in Shenyang, analyzed the causes of these problems, took the way of improvement as the object of this thesis, Learnt from the advanced experience of developed countries such as the United States, Britain, purposed the improvement measures for the Public Security Bureau of Shenyang, and argued the feasibility and the validity of this scheme, and then put forward some suggestions to better improve the policy of the criminal compulsory measure in the way of increasing the quality of the staff in the public security bureaus, strengthening the applicable management of the criminal compulsory measures and improve the assessment for the criminal compulsory measures and other aspects.