| The criminal compulsory measures may be classified into two groups. One are measures that aim at apprehending, stopping and bringing the suspect to judges, which are generally called as arrests, and the other are measures that ensure the appearance of the defendant at the trial, which are usually called as pretrial detentions, residential surveillance and bails. In order to prevent the abuse of the power of depriving citizens' personal freedom, the West sets many restrictions on compulsory measures. With respect to the measure of apprehending, the law requires probable cause, a writ from judges, and bringing the suspect to a judge without unreasorable delay after an arrest. With respect to pretrial detention, the law requires causes with legality and judge-dominated decision process, and entitles the suspect with the right to appeal to the superior court and the right to a speedy trial.In China, measures that aim at apprehending and stopping the suspect, and bringing the suspect to law enforcements are called as criminal detentions, stops for further interrogation and seizure and deliver. In addition, measures that ensure the appearance of the defendant at trial are called as arrests, guarantors pending trial, and residential surveillance. Chinese law also sets restrictions on compulsory measures. For example, the law requires a warrant when making a criminal detention. Contrastingly, the criminal detention warrant is not subscribed by a judicial officer, but by a public security organ. Although Chinese law does not entitle the defendant the right to a speedy trial, it sets time limits for handling cases in different stages for different organs, thus requires law enforcements to handle cases quickly.Admittedly, China's compulsory measures need to be improved. It is necessary to make the time period of the criminal detention shorter so that it looks more like a provisional measure in exigent conditions. And more procedural safeguards to the suspects and defendants are needs in the process of deciding an arrest. Still, people under the residential surveillance should be more liberal. Unfortunately, the Resolution on Revising the Criminal Procedure Law promulgated on March the fourteenth, 2012 does not make the compulsory measures improved. It leaves more things to do to improve China's compulsory measures. |
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