Research On Compulsory Measures System To Things In China

Coercive measures as a temporary punishment for the violation of citizen’s constitutional rights by the state public power,its appearance,along with the "original sin",has a natural "evil" nature.It is because of its "evil" nature that it is also hungry.Therefore,it is necessary to impose mandatory measures to restrict the use of coercive measures and use power to control power so as to achieve "win-win" in protecting citizens’ rights and cracking down on crimes.A complete system of compulsory measures should include:mandatory measures for personal freedom,compulsory measures against objects,and mandatory measures for privacy.They correspond to the "Constitution" which gives citizens the right to personal freedom,property rights,and privacy.While China’s current "Criminal Procedure Law"in 2012 revised the system of compulsory measures,it still maintains the traditional legislative style,including only mandatory measures against personal rights,and the countermeasures against physical objects are abandoned in the system of compulsory measures.In addition,it falls into the category of investigation.However,in essence,there is no difference between coercive measures as investigation behavior and coercive measures against personal freedom,and they are all interventions to citizens’ basic rights.However,in terms of practical judicial control,no matter whether it is from the start-up setting,specific execution,or relief approach of the procedure,the countermeasures for the counterfeit goods are far less than normative and reasonable for the compulsory measures of personal freedom.This kind of error in the orientation of legislation makes the enforcement of counterfeit goods "reconnaissance" in the name of "enforcement measures".The consequence is that the countermeasures against the object as an investigation act evade the administration and control of the judiciary by the judicial investigation agency.Internal management.It further caused the great damage to the property rights of citizens due to the abuse of investigative power in practice.As a citizen’s property right that belongs to the constitutional basic rights with the right to personal liberty,under China’s current criminal litigation system,China lacks a complete and reasonable system of compulsory measures against objects,and how to construct it should become the proper meaning in criminal lawsuits..In order to effectively restrain the damage of the rights of the parties caused by the infringement of rights in the judicial activities,it is necessary to balance the power against the power in the legislative level and the procedural design.In the concept of litigation,we adhere to the principles of judicial review,procedural statutory principles,and proportional principles.We must combine the West with regard to issues such as illegal seizure,overreach,illegal storage,lack of supervision and relief in the existing countermeasures against counterfeiting.The advanced systems of the developed countries in the rule of law and the innovative experiences in some regions of our country define the scope of seizures and related search warrants,etc.;strengthen the supervision of the procuratorial organs’ enforcement measures on objects and give lawyers the right to participate in the proceedings;In the past,with the government’s purchase of services,a third-party property management center was established;at the same time,the rights and remedies of the parties and third parties were stipulated,so that the right to participate in the procedures and the property rights of the entities were protected.