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Defect and perfection of the catch change coercive measures

Author: SongHongYang
Tutor: ShenQiaoLin
School: Jiangxi Normal University
Course: Code of Criminal Procedure
Keywords: Coercive measures to alter Defect and cause Specification changeprocedure The countermeasure and the suggestion
CLC: D925.2
Type: Master's thesis
Year: 2013
Downloads: 9
Quote: 0
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Abstract


This paper to survey report forms are completed, the material comes from thework of the procuratorates and public security organs criminal cases alter compulsorymeasures by procuratorial organs after data material, to alter the case as the subjectmatter of coercive measures, aimed at all-round display of public security organs aftercatching, change the compulsory measures present situation, from the currentsituation alter view, understand the coercive measures to the problems and reasons,finally combining the working practice, through investigation, visits to relevant unitsand relevant person in charge, the front-line officers, summary, put forward to solvethe alter measures of reasonable countermeasures and suggestions.The writing train of thought is: first, through research, the author visited theprocuratorate collected in the past four and a half years public security organs aftercatching, change the compulsory measures data, case; secondly, through the analysisof collected data, the case came about after the capture, change the compulsorymeasures of the situation; third, from specific data mining alter compulsory measuresproblems; fourth, from the analysis of problems existed in the deep seated reasons ofthe problem; fifth, by studying the relevant articles, excellent thesis various journals,check the relevant literature, combined with their own procuratorial work practice,consult experts, leadership, colleagues, on this basis to improve the capture afterchanging the mandatory measures put forward their own rational countermeasures.In this paper, mainly from the following three parts to explain.The first part is the criminal case after catching, change the compulsorymeasures of public security organs. This part also specific details to the followingaspects: first, by the public security organs from2008to2012June alter coercivemeasures basic condition; two is the criminal case after catching, change thecompulsory measures cause, through analysis of the cause for the change list, that is;three of criminal cases alter measures of follow-up processing; four is a change afterthe compulsory measures in the case of specific types of criminal cases; five altermeasures of specific procedures.The second part of the analysis of the public security organs after catching,change the compulsory measures and the reasons for the problems of.This departmentfrom two aspects: the first part is the public security organs after catching, change the compulsory measures problems; the second part is the public security organs to altercompulsory measures.The third part is the norm of criminal cases after catching, change thecompulsory measures countermeasures and suggestions.This part is the main part ofthe paper, from the following six aspects: one is to set alter compulsory measureschange hearing procedure; two is to amend the law, strengthen the supervisionfunction of procuratorial organs; three is the application to change the subject ofcompulsory measures how far, listen to the relevant parties; four is modified after thecapture change the compulsory measures legal basis; the five is to strengthen theconcept of law education, change the idea of law enforcement officers; the six is tofurther strengthen alter measures of procuratorial supervision.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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