2004Unpublished venueRequires access

On Legalization of Compulsory Criminal Investigation Construction

Fangquan Liu

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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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What this paper is about

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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Available 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.

Key concepts: Principle of legality, Legalization, Premise, Proportionality (law), Political science, Law, Legislation, Criminal procedure

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