Abstract:
Compulsory measures to the object refer to compulsory measures taken by state organs to intervene in the property rights and interests of the displaced persons when they prosecute a crime. In China's criminal procedure practice, the arbitrary exercise of compulsory measures to the object characterized by sealing up, seizure and freezing not only seriously infringes on the property rights and interests of citizens and other subjects, but also reduces the credibility of the judiciary. The absence of judicial control and the dislocation of structure and function are the deep reasons for the above problems. To tackle the above phenomenon, Germany's "separation mode of seizure as the main body" and the US mode of "stepped ladder of intervention intensity" can provide a useful reference for our compulsory measures to the object system. By relocating the function of compulsory measures to the object, establishing a progressive system of intervention intensity and gradually realizing the judicature of compulsory measures to the object, we can achieve the balance between prosecuting crime and safeguarding rights and interests. In recent years, the recent trend of the change in the compulsory measures to the object system in China has also confirmed the above argument.