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我国现行刑事强制措施立法存在语言模糊、逻辑混乱,体系不配套、结构松散,强制措施期限立法上有主观随意性,强制措施监督制约机制软弱等问题。笔者拟从立法技术的层面对这些问题进行评析,并提出减少法律不确定性预期和修改现行刑事诉讼法等对策,以期引起相关部门的思索。
The existing legislation on criminal coercive measures in our country is subject to such problems as language ambiguity, logic confusion, incompatibility of the system, loosely structured legislation, subjective arbitrariness in the term of coercive measures, and weakness in supervision and restriction of coercive measures. The author intends to assess these issues from the legislative technical level, and proposes measures to reduce the uncertainty of the law and to amend the current Criminal Procedure Law so as to arouse the thinking of relevant departments.