Abstract
The mandatory measure is an important part to the system of criminal action. At present, because legislation is not perfect, enforcement procedure exists loopholes and the influences of so many kinds of factors, the system of mandatory measure has some problems need to be solved in judicial practice. For example, the rate of undertaking recognizance upon bail is low, the ratio of detainment is high, pretrial detainment is universal, the disguised enforcement of living at home under surveillance, the change of the aim for arrest and the excess of detainment. These problems are closed related with the most basic constitutional right of citizen——personal freedom. Research into these questions, for one thing, to solve the problems of mandatory measure, which exists in the judicial practice, for another, to safeguard the human rights and make reprisals. Therefore, starting from taking analyzes the subject matter which exists in the system of criminal activity mandatory measure, we have to increase the kinds of compulsory measure, distribute anew the application of purview, enlarge the scope of undertaking recognizance upon bail and strictly execute conditions.
Keywords:mandatory measure; main problems; consummate ways