A Study Of Legalization Of Seizure And Delivery In Criminal Law

Seizure and delivery is the right the law gives citizens to fight crime.The seizure and delivery system has important practical and theoretical values for building a socialist country under the rule of law.Establishing and perfecting the system of seizure and delivery and sending in China can make up for the insufficiency of relying on statutory and specialized agencies to crack down on crimes,fully mobilize the enthusiasm of the general public in fighting against criminal acts,thereby improving our judicial efficiency and reducing judicial costs.However,due to lack of legislation and defects,the seizure and delivery system lacks operability in practice.Citizens are difficult to grasp the system,and a series of behaviors such as "bleeding but tearing"and malicious infringement emerge.This has seriously dampened the courage of the citizens.The enthusiasm made the system gradually become a decoration.Therefore,this paper intends to conduct a preliminary study of the seizure and delivery system in China,and provide simplistic suggestions for improving the legislation of the arrest and seizure and delivery system.The whole text is divided into six parts,about 30,000 words.In the first part,through the frequent occurrence of hitting robberies by car in China,four approaches have been proposed by scholars to solve the crimes of bravery:the expansion of legitimate defense,the legislativeization of self-help behaviors,the standardization of arresting behaviors,and the standardization of seizure and delivery behaviors.By comparison,this paper supports the standardization of seizure and delivery behavior.Then,starting from the famous "Zhang Dejun case," the analysis of the trial mentality of the case was proposed,and the main purpose of the seizure and delivery behavior should be positioned.The second part briefly analyzes the basic connotation of the seizure and delivery behavior and clarifies the boundary between the seizure and delivery behavior and the current arrest,just defense,and self-rescue behavior in China's criminal law.Then,by comparing the legislative practice of the seizure and delivery system at home and abroad,we analyzed the shortcomings of our country's seizure and delivery system.The third part is the focus of this article,which mainly analyzes the subject and object of seizure and delivery.First,we determine the scope of the main body of the laws of seizure and delivery in the current law,and then analyze whether foreign citizens and non-citizens can become the subject of distorting.After determining the scope of the main body,we analyze the rights and obligations of the distorted subjects.In the analysis of the object,the author introduces the thinking of whether the"quasi-current offense","general violation agent" or "evidence" can become the object of seizure and delivery.In the analysis of the purpose of seizure and delivery,the author analyzes the subjective purpose of the subject of seizure and delivery,the concurrency of seizure and delivery and Self-help behavior,the burden of proof,and the problem of how to identify mistakes in seizure and delivery.The fourth part is the main innovation of this article.Seizure and delivery mainly impedes the citizens' personal freedom and personal safety.Therefore,it should be limited from the perspective of time and violence.Seizure and delivery time limits are analyzed from the capture phase and the seizure and delivery phase.The whole process of seizure and delivery is violent,and the limit of violence in the seizure and delivery process is analyzed through the curve of the degree of violence in the seizure and delivery.Exceeding the violence curve is an act of unlawful infringement that exceeds the necessary limit,and the person who is being sent off can perform proper defense.The fifth part discusses the receiving and disposal of seizure and deliveryed delivery.It mainly analyzes how the seizure and delivery and receiving authority should review the legitimacy of the seizure and delivery behavior,how it should be investigated when there is an error seizure and delivery,and how the compensation and compensation should be performed when there is a damage result in the seizure and delivery.The sixth part is the summary of this article,which briefly expresses the author's opinions on the perfection of our seizure and delivery system.