Research On Power Control In The Application Of Criminal Compulsory Measures

As a procedural tool to protect criminal proceedings,criminal compulsory measures,once used by judicial organs,will face different degrees of restrictions on personal freedom of criminal suspects and defendants."When a person is detained,ten people will be busy with his affairs and one hundred people will be worried about his affairs." It profoundly expresses the severity of criminal detention and the great trauma to the physical and mental freedom of the suspects,defendants and their families.However,with the development of the concept of human rights protection,presumption of innocence and pre-trial detention have become the principle consensus of the rule of law in criminal law.The application of criminal coercive measures must find a new balance in the dual value coordinates of punishing crime and safeguarding human rights.In order to realize the concept of protecting human rights and increase the people's sense of access to justice,it is necessary to build a rational and scientific system of criminal compulsory measures to guarantee the balance of powers and rights of all parties in criminal proceedings,to achieve equal confrontation between prosecution and defense under the condition of equality and freedom,and finally to achieve fair results in criminal substantive law.From the perspective of power control in the application of criminal compulsory measures,this paper analyses the relationship between the elements of the system of criminal compulsory measures and their combination,mutual restriction and mutual supervision,and solves the problems arising from the theoretical perfection and judicial practice of criminal compulsory measures from the perspective of power control.The first part,through case analysis,illustrates that the application power of criminal compulsory measures in China is excessively centralized in the hands of judicial organs,each judicial organ has independent and complete application power of criminal compulsory measures,and the power lacks supervision and restriction mechanism.Based on the data of the work reports of the Supreme People's Procuratorate and the Supreme People's Court to the National People's Congress in the past ten years,the paper then analyses the application of custodial compulsory measures and non-custodial compulsory measures in the past ten years,and explains that the custody rate of criminal suspects and defendants is too high before trial in China,and that the system of criminal compulsory measures has played a role in punishing crimes and guaranteeing human rights.In the process,more emphasis is laid on punishing crimes.There is still a serious lag in the construction of the human rights protection mechanism in criminal proceedings.As the highly centralized right to apply criminal compulsory measures is easy to lead to the infringement of the personal rights of criminal suspects and defendants,which is also one of the reasons for the occurrence of unjust and false cases.In view of the current judicial situation in China,it is necessary to study the right to apply criminal compulsory measures and put forward theoretical suggestions to solve the restriction and supervision of power.In the second part,starting with the distinctive administrative characteristics of the application of criminal compulsory measures,the paper answers that the excessive concentration of the application of criminal compulsory measures can easily lead to infringement of the basic rights of criminal suspects and defendants,and lack of relief mechanism,so it is necessary to design the decentralization of the application of criminal compulsory measures.Then,starting from the interaction and operation results among the applicable subjects of criminal compulsory measures,the sub-powers and their relations of the right to apply criminal compulsory measures are clarified in detail and objectively,the system of rights elements that should be given by the relative person of criminal compulsory measures is clarified,and the question of how to divide powers between the subject of power and the relative person of criminal compulsory measures is answered.Research around power control provides basic conceptual elements.Then,the paper puts forward four theoretical models of the control of the right to apply criminal compulsory measures,namely,the theory of power restriction and control,the theory of legal supervision and restriction,the theory of right balance and control,and the theory of right relief feedback and control,which provide a theoretical tool for further research.The paper also puts forward three quality attributes of criminal compulsory measures as the basic criterion to test whether the system of criminal compulsory measures after power control reform meets the inherent requirements of criminal proceedings.In the third part,the paper first points out the practical problems in the application of criminal compulsory measures,then uses the above four control theories to analyze each of the problems,demonstrates the causes of the problems in the application of criminal compulsory measures,and gives the solutions to specific problems.The fourth part,the paper then points out the institutional contradictions in the legislation of criminal compulsory measures.Similarly,using the theory of power control,it makes a concrete analysis of the problems in the legal system,and puts forward relevant suggestions for improving the legal system of criminal compulsory measures.The third and fourth parts are the purpose and destination of the paper.Through the application of the theory of power control,the author gives the answers to the practical judicial problems.Because they are the perfection of the criminal compulsory measures system,there are some differences in the research contents,but there are also some overlaps.The conception of this paper is based on the current judicial situation in China,through the deconstruction of the elements of the current system of criminal coercive measures,and then using the theory of power control to reassemble,revealing the law of control over the right to apply criminal coercive measures,and putting forward some suggestions to improve the system of criminal coercive measures in line with the level of human rights protection in China.