On Legalization of Compulsory Criminal Investigation Construction
Fangquan Liu
Abstract
Fangquan Liu
Abstract
Compulsory criminal investigation and general criminal investigation is classified by the premise that its implementation whether needs the counter-partner’s voluntary cooperation or not. Because of its potential threats to citizen’s personal interest, when the compulsory criminal investigation measures are taken, the principles of proportionality, legality and judicial examination should be followed in practice. In our country, the legislation for compulsory criminal investigation should be perfected, at the mean time, the judicial examination system for compulsory criminal investigation should be established and the relief system for it also ought to be improved in order to realize the legalization of compulsory criminal investigation construction.
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Compulsory criminal investigation and general criminal investigation is classified by the premise that its implementation whether needs the counter-partner’s voluntary cooperation or not. Because of its potential threats to citizen’s personal interest, when the compulsory criminal investigation measures are taken, the principles of proportionality, legality and judicial examination should be followed in practice. In our country, the legislation for compulsory criminal investigation should be perfected, at the mean time, the judicial examination system for compulsory criminal investigation should be established and the relief system for it also ought to be improved in order to realize the legalization of compulsory criminal investigation construction.
Key concepts: Principle of legality, Legalization, Premise, Proportionality (law), Political science, Law, Legislation, Criminal procedure