Research On The Problem Of Criminal Law Within The Scope Of Seizure And Delivery

The economic basis determines the superstructure,and the superstructure needs to be adjusted and changed to meet the needs of people’s daily life with the development of the economic base.Under the turning point of the Internet era,the rapid development of science and technology has made people’s material life level higher and higher.As a part of the superstructure,the law is always lagging behind and can not satisfy people’s needs.As one of the Seizure and delivery nowadays more and more frequent social behavior,just stay at the level of discussion of criminal procedure law is difficult to satisfy the need of social practice.After all,the criminal procedure law is a kind of procedural law,and its rules are set up to the process requirement of what some people should do in a certain time period of the lawsuit,it can’t solve physical problems such as intentional injury.Seizure and delivery frequent on behalf of its legal status has become increasingly important,should arouse our attention.This article is divided into four parts.The first part discusses the nature and meaning of Seizure and delivery,first of all,from the perspective of criminal law,the nature of the Seizure and delivery is analyzed,one that considers it attributable to the hindrance of the law;then on the basis of this,the meaning of the act of twist is explained,mainly from the two aspects of the concept of twist and the difference between the transfer and self-defense and arrest behavior.The second part discusses the applicable conditions of the Seizure and delivery,it is explained from two aspects objective conditions and subjective conditions,a restriction on the condition of Seizure and delivery avoid the abuse of the right to Seizure and delivery.The third part describes the misbehavior of the Seizure and delivery,it is mainly to define and analyze the criminal liability of miscarriage of justice and misconduct.Among of them,the mistake of transferring is from the point of cognition error,and it discusses two cases of legal knowledge mistake and fact cognition.It is a consideration from the aspects of the limitation of Seizure and delivery.The fourth part expounds the perfection of the criminal legislation of the act of torsion,on the basis of absorbing and drawing on the achievements of the predecessors’ research and examining the related system abroad,it puts forward some ideas to improve the current system of our country.It is mainly to locate and design the criminal rules,andto provide reasonable proof for the justification of the Seizure and delivery and to protect the legitimate rights and interests of the object.And through the provisions of the legal consequences of the exercise of the Seizure and delivery,so that the main body and the object of the remission of relief from different levels,to achieve a balanced protection between the two.We should give full play to the effectiveness of fighting crime and safeguarding public order.The provisions of the criminal procedure law on the issue of delivery are rather thin,and lack of detailed content makes it useless.From the perspective of criminal law,the article analyzes the conditions and legal consequences of the Seizure and delivery by taking the nature and meaning of the Seizure and delivery as the starting point.On the basis of the inspection and reference of the system of justifiable defense,this paper puts forward some ideas to improve the system of Seizure and delivery and discusses how to build a practical and feasible system to improve its practical operability.