Research On Criminal Warrant System

Criminal warrant system plays an important part in the system of criminal coercive measures. And it has its own independent value and status in criminal proceedings, reflecting the level of a national Legislative norms’ design and judicial procedure’s functioning. This thesis is based on the modification of warrant system in Law of Criminal Procedure 2012 version. Under the purpose of exploring tendencies in warrant system, the author summarizes the problems and causes existed in the judicial practices of criminal warrant system, the regulations and applications of other countries, thus providing a practical approach to the construction of our law-ruling society.The article is elaborated upon four aspects of this system:Part I:Theoretical Analysis of Criminal warrant System:This article detailedly analyzes the main concept feature and theoretical basis of criminal warrant system, and compare this system with the related systems which are easily mistaken for in actual practice, such as summon system and lien system. It tightly holds to the theoretical basis and value summon system, and summarizes the current situation and possible causes of warrant system for following contents, thus providing theoretical preparations for further improvements in this system.Part II:Comparative Analysis of Criminal warrant System. Firstly, relevant regulations abroad is relatively mature, and we can tutilize them as reference for local system regulations through comparatively analysis. Secondly, it still remains controversial whether the witnesses should be included in subpoen system, the author carefully compares relevant ancient and modern documents. Under reflections on the current situation and development of our national summon system, the author has made a brief analysis and judgment.Part III:Analysis and Comments on Criminal warrant System:This part mainly studies the status quo of our national warrant system by focusing on curent disparities, from its legislative to its judiciary and from its theory to its practice. The author attempts to explore and analyzes internal reasons, to provide the basis for the final solutions.Part Ⅳ:Improvements on Criminal warrant System. This section provides corresponding measures to address problems existed in current national legislation and judicial practice, causes of departure from and draw on relevant institutions and practices abroad, from the concept to the system, from the legislative to the judiciary, and other multi-faceted consideration, propose solutions warrant system Countermeasures problem, issue a warrant enhanced system operability and feasibility of the measures.