刑事诉讼强制措施的适用应遵守比例原则——兼论相关检察监督

The Principle of Proportionality in Resorting to Criminal Coercive Measures: Concurrently on Supervision of the Executive Over Coercive Measures

刑事强制措施作为刑事诉讼的重要手段和保障措施长期以来得到了充分的运用,但法律有关强制措施强度及其适用的规定存在着明显不足,客观上导致其在实践中被不正确适用甚至滥用。引进比例原则,对强制措施的适用加以合理限制,使其与被追诉人适用的刑罚相谐调,有利于其在刑事诉讼中发挥合理效能。

For a long time, criminal coercive measures are resorted to as an important means and a security measure for criminal proceedings. However, laws concerning the extremity and enforcement of coercive measures are conspicuously defective, which results in their inappropriate adoption or even abuse in practice. To solve this problem, this author proposes to apply the principle of proportionality and restrict the approval of criminal coercive measures rationally. The coercive measures taken must be proportionate to the penalty imposed so as to take on an effective role in criminal proceedings.