我国刑事强制措施异化问题研究

    That the criminal coercive measures is the seismometer of the constitution and a touchstone of the constitutional rights of citizens means measures of protection in the proceedings to assume an important role, but it is also the most likely criminal proceedings against the personal rights, freedom of the measures. December 1, 2004 the Central Judicial Reform Group“on the reform of the judicial system and working mechanism of the initial Opinions”:“to establish and improve the custody system of work. Improve the detention period for legal requirements, establish and improve the criminal aspects of the convergence mechanism to work, improve the property and the bail system to ensure strict accountability system to effectively prevent and correct the extended detention of criminal suspects as well as handling the problem over time. The procuratorial organ should strengthen the supervision and custody work.”Far more than five years, we can see that is far from the implementation of judicial reform, that is not to meet the growing legal needs of the people, safeguard social fairness and justice demands a certain distance. The revised Code of Criminal Procedure since 1996 has more than ten years, whether the law is difficult to perform, and should be re-review? Especially in recent years a number of disputed cases, wrong cases are under exposure in the media caused people to spend more attention to judicial reform. In this background, to discuss the function of criminal coercive measures why to deteriorate in practice, how to deteriorate and how to standardize this measure is valuable.Based on the above motivation, the first chapter will analyse the existing the phenomenon of deterioration criminal coercive measures;In the second chapter, first to the criminal procedure for compulsory measures should have intrinsic value; in the analysis of coercive measures should have the statutory functions; In this reference under the interpretation of criminal coercive measures in practice, deterioration reasons;In the third chapter, the use of a comparative study of the common law of rights-protected and strictly limit the type of power, the Civil Law of the emphasis on social security and crime control, mixed mode of the strict Japanese law thoughtful type, and China’s Hong Kong, Macao and Taiwan areas related to legislation, from thought.Chapter IV on the basis of the above analysis, streamline criminal coercive measures "detention" and "arrest" of the language problems, and approve the authority of the arrest, and learn from the rational factors of the warrant the establishment of the arrest system;“custody”is separated from out of the existing arrest system; thirdly, to assess the feasibility of the introduction of Judge reservation system, in order to build custody review system; fourthly, the possibility of cancellation of residential surveillance, improve the bail system; the final, we shall improve the application of coercive measures in the criminal lawyer’s role.The author hopes that through the research and a little suggestion was helpful to change the existing criminal coercive measures.