Research On The Establishment Of The Compulsory Measures To Things In China

The reconstruction of the system of criminal compulsory measures is an important part of revision of the criminal procedure law in 2012,modify the content covers a guarantor pending trial and residential surveillance system,the system of criminal compulsory measures is made more robust,both system design and implementation measures to further improve.But now in the criminal procedure law,human rights protection has the more and more nots allow to ignore the significance of this kind of system of system still need to get a bigger improvement.In respect of theoretical study,the previous scholars generally pay attention to study the legitimacy of legal restrictions on civil liberties,and since the 21 st century,scholars began to gradually increase the defined rules of compulsory measure system,and the attention of the design method of the compulsory measures and so on,that is,from the attention to study how to improve personal rights enforcement measures,converted to pay attention to study the effectiveness of criminal compulsory measures and reasonable range.This paper points out that the implementation of the criminal compulsory measures will inevitably infringe a citizen's constitutional right to a certain extent,the rationality of the system of compulsory measures is: the forced behavior under a system of checks and balances and oversight role,so as to coordinate between civil rights and against criminals.In the implementation of the criminal procedure law now,still use the traditional method of design system of criminal coercive measures,in the system only covers due to compulsory measures,and the force behavior of the implementation of such as property rights and privacy,in the indictment within the category of regulation.Look from maintain the level of citizens' constitutional rights,so do not conform to the actual requirements of design result in compulsory measures in the larger holes.This article is about how to perfect the system of criminal coercive measures of domestic problems,further study of the established scientific scheme of compulsory measure system.