A Review On The Reasonable Expansion Of The Scope Of Criminal Compensation For Restricting Personal Liberty

As a legal proverb goes,"No remedy,no rights." Criminal compensation for the right of personal freedom,as a concrete path to realize judicial protection of human rights in the criminal field,can ensure to a certain extent that the right of personal freedom violated in the course of criminal proceedings can be implemented by means of money,so as to realize corrective justice.However,the scope of criminal compensation for the right of personal freedom directly determines how much scope the person who suffers from the right of personal freedom damages can file criminal compensation and obtain legal relief.By reviewing the development course of the criminal compensation scope of the right of personal freedom from scratch,from small to large,and from crude to fine,we can find that the criminal compensation scope of the right of personal freedom shows an expanding trend centering on the compulsory measures and imprisonment of the deprivation of the right of personal freedom,highlighting the people-oriented criminal legal spirit in the new era.However,it is far from the restriction on the right of personal freedom of citizens made by the state in order to prosecute and punish crimes.The people who have been declared innocent after taking compulsory measures to restrict personal freedom and applying non-imprisonment penalty can not get criminal compensation.If there is no remedy for damages,it is against judicial fairness and justice to let innocent persons who have been illegally or unreasonably applied for bail pending trial or residential surveillance,or innocent persons who have been sentenced to public surveillance,suspended sentences or adjudicated for parole bear personal damage caused by wrongful exercise of judicial power.In the future,the expansion of the scope of criminal compensation for the right of personal freedom should focus on the compensation for the restriction of the right of personal freedom of citizens,break the imprisonment of only compensation for the deprivation of personal freedom,replace the principle of innocent detention compensation with the principle of illegal restriction compensation,so that those damages caused by the improper exercise of judicial power to restrict personal freedom can get due criminal compensation relief.In terms of the concrete construction of the criminal compensation scope for restricting the right to personal freedom,it should be guided by the needs of judicial practice to include the situation of improper application of non-custodial coercive measures and execution of non-custodial sentences into the scope of criminal compensation after the amendment of innocence.According to the strength of the degree of control of personal freedom by coercive measures and the relevant provisions of the criminal Procedure law to deduct the sentence,The criminal compensation standard should be reduced proportionally,and a localized step criminal compensation system should be constructed.