On Perfecting Legislation Of Criminal Coercive Measures

Chen Weidong, Zhang Tao

Journal of Renmin University of China ›› 1996 ›› Issue (2) : 47-53,126.

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主管:教育部
主办:中国人民大学
ISSN 1000-5420  CN 11-1476/C
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Journal of Renmin University of China ›› 1996 ›› Issue (2) : 47-53,126.

On Perfecting Legislation Of Criminal Coercive Measures

  • Chen Weidong1, Zhang Tao2
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Abstract

In judicial practice, quite a lot of defects have been revealed in the coercive measures provided by current Chinese criminal procedure law. This calls for imminent amendment and perfection. Differences in understanding of layouts and application conditions of criminal procedure law exist among professionals. It is not advisable to make addition and deletion to the five coercive measures provided by the current criminal procedure law, or to take the detention for examination as one of the independent coercive measures. Nor is it suitable to take lawful summons as the prerequisite for detention and summons for questioning. Of the condition for obtaining a guarantor and pending trial, it is advisable, on the basis of current criminal procedure law, to give priority to human guarantor, and to add property guarantor only to make property guarantor applicable when the human guarantor seems inadequate to pending trial. Revisions hereafter of criminal procedure law should clarify the prerequisite for supervision of residence and lessen the conditions for detention and arrest.

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Chen Weidong, Zhang Tao. On Perfecting Legislation Of Criminal Coercive Measures[J]. Journal of Renmin University of China, 1996(2): 47-53,126

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