Coercive Measures System Research

Under the direction of system theory, this thesis does researches on the compulsory measures system (CMS).CMS is an organic whole, which comprises enough compulsory measures. It has the structure and certain function. Its function is based on its structure.After the birth of the capitalism, as arrest and detention are separated and substitute for detention obtain significant position, CMS took shape. The reason that CMS took shape and developed lied in coordinating the aim to punish crimes and the aim to guarantee human rights.Arrest, detention and release with qualifications interrelate and interact to result in the basic structure of CMS. "Appearance in court (Being on the spot ) " mark "two segments structure" of CMS. Arrest is the compulsory measure before appearance in court Detention and release with qualifications are measures after appearance in court After arrest, either detention or release with qualifications is probably implemented. But, arrest is not the premise to detention and release with qualifications. "Appearance in court (Being on the spot ) " is the premise to detention and release with qualifications. Principle of suitability and Principal of necessary work between detention and release with qualifications, their functions make the quantity of detention be restricted in the compulsory measures after appearance in court. The operation mechanism of CMS ought to accord with universal principles that procedures guarantee rights, right and power restrain each other and adjudication is final. Judicature examination mechanisms, reflecting the above-mentioned principles, match the basic structure of CMS. In western countries under the rule of law, CMS all present "two segments structure" and the judicature examination mechanism takes the base action. The criminal suit circumstance and C.M.S. interact. The purpose of criminal procedure has the decisive influence on CMS. The structure of criminal procedure produces the operation mechanism of CMS. Under "the principle that the criminal procedure isprescribed by law", CMS has the external border. CMS has the two functions. On the one hand, it punishes crimes. On the other hand, it guarantees human rights. Now, the structure of CM.S and the operation mechanism of CMS compose the inner essence of CMS from the static and dynamic point apart. The action of criminal suit circumstance to CMS and the function of CMS compose the outer essence of CMS.There is some wrong with the present compulsory measures system (PCMS). Firstly, arrest and detention are not separated. Secondly, substitute for detention is not elastic. Thirdly, the operation mechanism of PCMS is unitary. Therefore, the tentative idea is proposed, which reconstructs PCMS. First pace, put up the external border of PCMS, in order to decrease illegal and wanton detentions. Second pace, reconstruct the structure of PCMS by means of the separating arrest and detention. Third pace, restructure the operation mechanism of PCMS by means of introducing judicature examination mechanism.In brief, substantial contents of C.M.S. are composed of three parts: Arrest and detention are separate, release with qualifications is substitute for detention, the structure is for restricting detention essentially.