Essential Issues of Criminal Coercive Measures

Author: Zhang Jianliang
Publisher:
Publish Date: 2005-08-01
Features: Criminal coercive measures, as an important component of the criminal procedure system, hold an extremely important position in criminal procedure. To a certain extent, the legislative design and judicial application level of criminal coercive measures are significant indicators of a country's democratic, scientific, and civilized criminal procedure. Therefore, in-depth exploration of the basic theories of criminal coercive measures, serious examination of their history and current status, repeated comparison of similarities and differences in criminal coercive measures across different countries and regions, systematic research on solving problems in the application of criminal coercive measures, and comprehensive discussion of their reform and improvement are of great theoretical and practical significance. So far, few scholars have conducted comprehensive, systematic, and in-depth research on this important procedural system from the perspective of both theory and practice. The reasons for this are, on the one hand, that criminal coercive measures involve certain conflicts between protecting human rights and ensuring the smooth progress of criminal procedure, and coordinating such conflicts requires careful design and thorough argumentation; on the other hand, criminal coercive measures almost reflect and refract all aspects of criminal procedure systems and important theoretical issues, making theoretical research particularly challenging. This book adopts a combined perspective of theory and practice to conduct comprehensive, systematic, and in-depth research on the basic theories of criminal coercive measures and the specific application of various measures. The book is divided into two parts: the first part consists of five chapters, which primarily explores fundamental theoretical issues such as the concept, evolution, procedural value and function, relationship with human rights protection, and application principles of criminal coercive measures from a macro perspective; the second part consists of seven chapters, which primarily analyzes and studies the five statutory criminal coercive measures and their application from a micro perspective, and provides an objective and comprehensive elaboration on criminal compensation and the reform and improvement of criminal coercive measures.