A Study On Criminal Compulsory Attending Case System Of China

Criminal compulsory attending case system is an important part of criminal proceedings.Currently,on the one hand,with the increasing number of criminal cases,the pressure of fighting against crime and maintaining social stability have been grown;on the other hand,the violation of the lawful rights and interests of criminal suspects are rampant.The protection of human rights is required with the increasing awareness of people's rights and right-oriented concept.Combating crime and safeguarding human rights are in a relatively tense state,and building a scientific and rational criminal case system is conducive to balance the relationship between combating crime and safeguarding human rights.This paper will analyzes and expounds how to deal with this relationship from the clarification of the connotation and extension of criminal compulsory attending case system,and does a systematic analysis with the combination of experience of extraterrestrial criminal compulsory attending cases,then put forward the countermeasures to solve our current problems of criminal compulsory attending cases.In addition to the introduction and conclusion,the thesis is divided into five chapters.The first chapter is an overview of criminal compulsory attending case,which contains two aspects.The first aspect includes the basic categories of criminal compulsory attending case.The second aspect includes the historical context of our country and foreign criminal compulsory cases.The second chapter mainly discusses the basic theory of criminal compulsory attending case system,especially the principle of controlling rights of criminal compulsory attending case.The principle of procedural justice and the basic functions that criminal cases prevent criminal suspects to escape prosecution can also help the timely verification and determine the way to deal with the preservation of evidence and the protection of human rights.The third chapter analyzes the present situation of criminal compulsory attending case system in China from three realistic difficulties such as the chaos of taking measures in criminal compulsory attending case,the conflict between verification and rights protection and the poor ability of settling a lawsuit.The reasons for the occurrence of criminal compulsory cases in China are system defects,improper application of power and over-restricted statutory measuresThe fourth chapter analyzes and summarizes the similarities and differences of criminalcompulsory attending case system between different countries and regions in order to draw lessons from effective practical experience of extraterritorial criminal compulsory attending case system.The fifth chapter is based on the issues in this article.Firstly,we put forward the systematic reform measures such as the establishment of the system of undocumented cases and the registration procedure of criminal cases.Secondly,we put forward the reform measures to expand the right of application and restrict the public power during the period of case.Thirdly,we put forward the views of this article on the basis of specific allocation of China's criminal compulsory attending case system.