我国侦查中的强制到案措施之不足与整合

我国侦查中的强制侦查到案措施包括:拘传、拘留、逮捕,立法的不足在于:第一,没有明确强制到案措施与羁押的分离,混淆了羁押防范措施与强制到案措施之间的关系;第二,拘留所附带的关押期限太长,而使其变成一种准羁押的诉讼防范措施;第三,没有明确公安机关的无证强制到案措施,从而导致本属警察法所规范的留置盘问措施在侦查中滥用。要解决这些问题,必须建立羁押与强制到案措施分离的刑事诉讼强制措施体系,缩短拘留所附带的监禁期限,整合留置盘问与其他强制到案措施之间的关系,在刑事诉讼法中明确将留置盘问作为紧急情形下的侦查强制到案措施。

Defects in Coercive Measures to Make People be Present in Court and Perfection

In China, coercive measures to make people be present in court include summon by force, detention and arrest. However, ourpresent legislation has some defects as follows: Firstly, coercive measures to make people be present in court and guarding measures of custody are likely to be confused because of obscure regulations on their distinction; Secondly, the long term of custody makes detention a precautious measure in law suit; Thirdly, the public security organs' coercive measures haven't be regulated definitely, therefore causing the abuse of warrantless detention in investigation. In order to solve these problems, we should establish a system of coercive measures in criminal lawsuit, which strictly separate guarding measures of custody from coercive, shorten the term of imprisonment in detention, distinguish cross-examination of retention from other measures to make people be present in court and definitely regulate in criminal lawsuit that cross-examination of retention can be applied as a coercive measure to make people be present in court in urgent situations.