Habeas Corpus System

As an ancient privilege writ in the common law, the Writ of Habeas Corpus is a kind of order issued by the court requiring the detainee submitted to the court to review the legality of the custody. The writ of habeas corpus is called "the Great writ" in the common law countries. Although habeas corpus is an old writ, it doesn't become a fossil as the time goes by. Until today she is still brilliant. She is not only the angel of liberty in the common law countries, but also in most countries pursuing democracy and rule of law have established the "Great Writ" and been written in the constitution. The UN human rights committee decided in 1992 to call upon the country parties in the world to adopt the system.Beginning from the origin of the English writ of habeas corpus, this dissertation studies the development of the writ in UK, USA and other countries, then discusses the writ of habeas corpus in the pretrial procedure and the post-conviction remedy. Then based on these the author studies the theoretical basis of the writ of habeas corpus. Finally, the writer put forward to the idea of reintroducing the writ of habeas corpus into our country's criminal justice system. The dissertation consists of six parts.The introduction outlines four issues. First, the dissertation introduces the writ system to give the reader a preliminary understanding of the writ system and the writ of habeas corpus in England. Second, the writer discusses the essential and non-essential attributes of the writ so that the reader can understand the writ thoroughly. The writer thinks the writ of habeas corpus is a kind of civil procedure in nature, and accurately is a kind of special civil...