The Innovation Of Our State's Pretrial Detaining System

In these years, the study of pretrial detaining-- especially focused on theadministrative system, which can be applied to solve some thorny and urgentproblems, such as the detainee's human rights environment and the state powerdivision in this field--has become a hot issue in the criminal process area. It isalso this article's main subject. In this article, the author, employing a specialmethod with a social practicing tendency, made a fully analysis to the pretrialdetaining system, from its present situation, history development, to some relatedinnovation policies. Based on these tasks, the author provided his design. This article can be divided into four parts. The first part tells about what'sthe precise meaning of the pretrial detaining. According to the basic meaning ofsome related concepts, such as detaining, arrest and custody, and the differentapplication by some western countries', some of our cognitions about the pretrialdetaining, such as its concept, natures, functions and the relations withimprisonment should be corrected and redefined. Additionally, this part alsomentioned the whole article's core issue-the pretrial detaining system and itsstudying significance. The second part introduces the history and the present situation of ourstate's pretrial detaining system. In history, the system developed from mixeddetaining and mixed administrative (with the imprisonment detaining andadministrative), to distinguishing detaining and mixed administrative, todistinguishing detaining and distinguishing administrative. From its historydevelopment, some distinct rules were shown: being separated from theimprisonment gradually, being isolated from the whole judiciary system steadily,and being added independent elements increasingly. The third part refers the necessity of the pretrial detaining innovation. Thispart developed from four directions. The first aspect is the human rights. Insome worldwide official documents, the human rights of the detainees in thepretrial detaining are expressed very distinctly, especially detailed in theprocedure protection and the treatments. But in our country, from ouron-the-spot investigation, we have found some critical problems, such asnon-exceptional application, long-term detaining, non-humanistic treatments,difficult legal appealing, etc. So, we should establish a series of systems to correctthem, such as, to make the operating process public, to expel the investigatingofficers' possibilities of benefiting from detaining abuse, to strengthen detainingoperating supervision, to lift the minimum treatments levels, etc. The second isthe power division. The powers, related with our pretrial detaining system, arevery concentrated. In order to correct this drawback, and to dismiss its badinfluences, the pretrial detaining system innovation should and must take thestate power division and balance as one of its aims. The third is the efficiency.Making use of some economic analyzing tools, we can find many basic rules inthe pretrial detaining. And these rules will bring some innovations in the fields oflaw establishment and judicial organs, such as, to bring the efficiency thoughtsinto the legislation, to establish pretrial detaining supervision and filteringadministration and to promote the pretrial detaining administration'sspecialization. The forth part is the development of the criminal punishmentimplement theories. The pretrial detaining correlated closely to theimprisonment or the whole criminal punishment implement system. In theseyears, the criminal punishment implement has developed greatly not only in thetheories, but also in its actual operation. This great development and our criticalpretrial detaining situation contrasted sharply. So, in order to meet with theimprisonment system's development, we should plan some innovations in thepretrial detention's application, alteration, removal and the detainee's treatmentimprove, and so on. The for...