Questions And Researches On The Change Of Coercive Measures After Arresting

The arrest was the most severe kind of coercive measures. The Code of CriminalProcedure limits the change of the coercive measures after catching. Because of thelegislation and practice of a variety of reasons, the catch has become arbitrary and supervisionof a serious absence. The inspecting authorities supervise weaking, arbitrarily changeingcoercive measureshave had a great impact to the judicial authority. Therefore, it is importantfor us to better safeguard the legitimate rights and interests of criminal suspects by making upfor the loopholes, norms, improve and implement the operational procedures in the judicialpractice, which is important significance for the protection of the smooth progress of thecriminal proceedings. The papers hope put forward countermeasures to change thecompulsory measures conducive through change problems of empirical research andformation-depth investigation of the reasones.This paper is divided into four parts, which has thousand words.First part, it revealed the status and problems of the change of the coercive measures inthe current judicial practice. By Comparative analysis of the data, the article thinks that the Ccity police in catching change the mandatory measures are more optimistic. But operatingprocedures are not standardized, and the time of notification and supervision is uncertaint, sothe public security organs shall be arbitrarily changed three questions.The second part, the analysis of causes of the problems exposed. Article from a link hasnot been simple, but from the legislation itself, the public security organs and procuratorialorgans. Legislative terms, the vulnerability of the existence of the powers of arrest approvalright set ambiguity and change mandatory measures applicable conditions and other defects,which is not conducive to the determination of the scope of supervision. From the perspectiveof the public security organs, collecting evidence delay licensing lead to violations situationoccurring; Poor supervision caused that the oversight is not in place; Parties to the case pointchannels for relief is concerned. The parties to the case there are obstacles, and opposition isnot timely complaint. The rights have been violated, and the responsible units are not givendue punishment, which not only does not comply with the principle of the protection of human rights and conform to the requirements of procedural fairness.The third part, explained why the change of coercive measures after the arrest need to beinsovled. The article believes that the perfect catch post-judgment measures are judicialpractice interoperability upgrade, but also the system itself is set up science andconscientiously implement. And it further promote China after catching the fullimplementation of the changes to the system of compulsory measures, which will achievethe interests of justice and the purpose of preventing corruption in the judiciary. At the sametime, a clear change procedures and applicable conditions are conducive to the judiciarystrictly enforce the law and norms of law enforcement, judicial value, safeguarding the legalauthority.Author introuduce some suggestions that should be viewed in the fourth part. The articlethink that People’s Procuratorate enjoy the arrest with the decision of the coercive measures inorder to achieve a more comprehensive oversight of procuratorial organs. By procuratorialorgans to increase the custody of the need for scrutiny and change the compulsory measuresof supervision reduce the number the illegal change happens. Fully conferred the Relief rightsof the parties to the case, smooth channels for redress, to expand oversight main range, setviolation punitive measures to change the compulsory measures, increased compliance costs,and thus enhance the legitimacy of arrests after the change of coercive measures, theeffectiveness of full range.