On Criminal Subpoena System

Subpoena is a kind of criminal coercive measure which the court and procuratorate use to make the suspect be investigated on time,and plays an important role in fight against crime and protect citizen's life and property.The purpose of subpoena is to make the suspect be investigated on time, so the court could find out the fact; on the other hand this measure can ensure the criminal procedure be conducted normally when other criminal coercive measure are not appropriate. The subpoena could be use in three condition:first,the suspect absence from investigation without reason;second,the suspect absence from court without reason.In Japanese, the purpose of subpoena is to ensure the suspect and witness be investigated on time, In France the object of the subpoena is absence from the Pre-Trial court after being summon to court.they all pay much attention to human rights, specific and definite. Compared with the legislation of other countries and regions, the subpoena in our country have many problem, for example, the object is too limited to find out the fact; public security agency confused administrative power with jurisdiction will go against human rights protection; lack of procedure and relief measure cannot ensure the valid of the criminal procedure.Reasonably modify the criminal compulsory summon system come to be an imPortant question because the demand of due process of law, and the concept of demoeraey and enlightened criminal process has been deeply spread in China.Perfeetion of the criminal compulsory summon system should include such aspects:delimiting the compulsory summon condition and time between two compulsory summon to avoid abuse of this power; giving the power to the procuratorate; expanding the range of compulsory summon object to absence witness without reason; perfecting compulsory summon Plaee,further refining required information on the summons,bring in compulsory summon by commission and unlieensed compulsory summonLaw need be carried out and the conclusion greatly depends on the executor's legal quality,so is important to learn the idea of rule of law Criminal coercive measure reflects a nation's legislation design and justiee operation level,we should perfect the compulsory summon system in order to carry out the idea of guarantee of human right and due process of law.