Legal Cerebrate Of Prolonged Detainment

Prolonged detainment is a difficult legal problem which troubles Chinese legalpractice as well as an academic focus in the field of criminal procedure. Asprolonged detainment involves large number of people and the detainment prolonged too much time as well as itis quite difficult to get correction, it always attracts the eyes of the wholesociety.Prolonged detainment refers to the court, procuratorate, Police station and Security epartment prolong the legal duration when they detain, limit or deprive claimant's personal freedom, which is a violation of the law in the activities ofinvestigation and interrogation and judgment.Prolonged detainment is a violation of procedure and it has the characteristic of specificity, illegality and misconduct.Thus it is an action of illegal imprison. According to different standards, we can divide prolonged detainment into two categories. According to the conditions and limitation of the rules of the criminal procedure, there are evident prolonged detainment and converted prolonged detainment; According to the criminal procedure, there are prolonged detainment during investigation period and prolonged detainment during prosecut-ing period and prolonged detainment during trial period and mixture prolonged detainment.Prolonged detainment becomes a little bit better but still not veiy good. Furthermore, it is a common phenomenon in the sectors of police station, court and procuratorate, especiallythe courts, prolonged detainment.is harmful to the stability of the society and violate the rights of the personal freedom of the claimants, thus leads to some unfair punishment.Prolonged detainment is several aspects in the legislation: the unclear rules of limitation of the detainment; nolimitation for review procedure of death penalty in Chinese criminal procedure, the lack of remedy and there is no related punish mechanism for the one who acts the prolonged detainment. In the legal practice, the judgment ofthe court is not made on time or there is unreasonable inner organ structure which leads to lose of personal control and the imperfect legal ideal of the legal workers.Prolonged detainment is need of the effort of the whole society for the the solution to the prolonged detainment.The first section is about to learn from the western detainment system. Western countries have three important principles known as legal ruling, procedure'protection and proportion. There is a mechanism of legal authorization legal review.and legal remedy system.to prevent prolonged detainmentfrom the very root to improve the legislation of criminal procedure.The main measures includes the reform of the mood of the arrest .Establishment of the legal review procedure after detainment, To construct a kind of mechanis mand responsibility system in order to improve the legal performance of the legal workers.These include reforming legal ideal , strengthening protection of human rights, As to the establishment of the anti-prolonged detainment, the measures include the system establishment of correction, report and opening and supervision as well as the responsibility system to ensure the punishment of prolonged detainment. The procuratorate should cooperate with the police station,court and guarding organ, with the support of the party and other social force to completely prevent the appearance of prolonged detainment and protect the humanrights of the claimants, thus to improve the development of the process of Chinese legal ruling.