Compulsory measures are legal measures, and China's Criminal Procedure Law has made strict provisions on the applicable organs, conditions and procedures of various compulsory measures. Its purpose is to strictly control the use of coercive measures and prevent the abuse of coercive measures from causing negative effects of human rights violations.
Compulsory measures are temporary measures, which should be changed or lifted with the progress of criminal proceedings and according to the progress of the case.
Its main features are:
1. The public security organs, people's procuratorates and people's courts have the right to apply compulsory measures, and no other state, organ, organization or individual has the right to take compulsory measures, otherwise it will constitute a violation of citizens' personal rights, and if the circumstances are serious, it will constitute a crime.
2. Compulsory measures are applicable to criminal suspects and defendants, and compulsory measures shall not be taken against participants in the proceedings or outsiders.
3. The content of compulsory measures is to restrict or deprive the personal freedom of criminal suspects and defendants, rather than compulsory punishment of things.
4. The nature of compulsory measures is preventive measures, not punitive measures. That is, the purpose of applying compulsory measures is to ensure the smooth progress of criminal proceedings and prevent criminal suspects and defendants from evading investigation and trial, destroying or forging evidence, continuing crimes and other acts that hinder criminal proceedings. Therefore, compulsory measures are essentially different from fines and administrative penalties.