Systematic Modification and Modernization Progress of the Criminal Coercive Measures System(PDF)
《南京师大学报》（社会科学版）[ISSN:1006-6977/CN:61-1281/TN]
- Issue:
- 2024年02期
- Page:
- 111-123
- Research Field:
- 法学研究
- Publishing date:
Info
- Title:
- Systematic Modification and Modernization Progress of the Criminal Coercive Measures System
- Author(s):
- GUO Shuo
- Keywords:
- criminal coercive measures; compulsory appearance; remand in custody; judicial writs
- PACS:
- -
- DOI:
- -
- Abstract:
- China's Criminal Procedure Law has undergone three amendments since its enactment in 1979. However, some fundamental issues within the criminal coercive measures system remain unaddressed. In comparison to the diverse array of extraterritorial criminal coercive measures, China's measures are predominantly focused on restricting personal rights. This approach not only exhibits inherent flaws but also lacks provisions for investigating objects, protecting privacy rights, and safeguarding personal information, leading to systematic inadequacies in the current coercive measures system. The construction of the criminal coercive measures system directly impacts the fundamental rights of every citizen. Therefore, it is imperative to systematically revise China's system to align with the evolving demands of criminal proceedings. On the one hand, enhancing criminal coercive measures entails reforming the detention system and promoting the utilization of non-custodial measures. This transformation would categorize the current five types of coercive measures restricting personal freedom into three distinct categories: appearance, custody, and non-custody, thus clarifying their severity levels. On the other hand, investigative measures targeting objects, citizens' privacy, and personal information must be formally incorporated into the system of criminal coercive measures. This incorporation would enable judicial review through judicial writs, while criteria such as “protection of property rights”, “reasonable expectation”, and “necessary limit” can assist the procuratorate and court in their review and judgment.
Last Update: 2024-04-25