The Research Of Perfecting A System Of Seize And Turn Over Program

Seized and turned positive significance for the prevention and combating of crime, improve judicial efficiency and to maintain social order and stability as well as the people and property of people have undeniable. However, in practice, due to the public seized and turned over to the legal nature of the applicable conditions, are not familiar with the program, and seized and turned over in the event of an error, caused by excessive use of violence seized and turned over after the infringement or objects seized and turned over prejudice the division of responsibility is unknown,it is difficult to protect the rights of other reasons, resulting in seized and turned over the utilization rate has been low, even in some social tragedy, no one dared to implement seized and turned over, indifferent witnessed the tragedy. Supporting the rights of unsound and narrow relief ways of citizen seized and turned over the limit, resulting in part of the ability of citizens seized and turned over to "abstinence", select sidelined, that rely on citizen seized and turned over quickly to fight crime, maintain social order, improve the legislative purpose of judicial efficiency is difficult to fully achieve.China’s legal provisions on the seizure and delivery is very general, only the applicable conditions of simple constraints. The seized and turned over the legal nature, subject, object,object, time, forced degree and legal liability, compensation, compensation details is difficult to through the simple laws concluded. And, whether it is in the judicial practice and academic research, on system of seizure and turning over the attention degree is not high, resulting in some citizens are implemented in accordance with the law seized and turned over suspects in the process have to face the lack of applicable even anti is the plight of the public security and judicial authorities for investigation and prosecution, limit the extensive use of seizure and delivery. In view of this, the plan through the study of the seized and turned over to receive organs related handling regulations and practice effect. The effects of outside class system of seizure and turning over design, in the reference the predecessors research results based on, hoping to sort out a set of seizure and delivery, the specific operation has higher reference value of system.