Thoughts On The Extengded Detention

Overdue in custody has been a great dispute and critical term. It is considered as modern judicial disease. Generally speaking, overdue in custody refers to illegal activities which detain suspects and defendants exceeding the deadline of the handing of the case in the process of criminal litigation. It badly violates the criminal law and infringes the citizens'personal freedom rights, and do harm to social stability of illegal activities. The Chinese Communist Party, the State Department, Department of Justice of the competent departments in recent years many offered to contain the phenomenon of the overdue custody. However, due to various reasons, the disease had not been banned. According to the existing data analysis, from 1993 till this day, the number of overdue custody has increased.Overdue in custody has many unfavorable factors, such as social cause social unrest and hatred, revenging social psychological problems, and caused a lot of over crowed prisons. It wasted social resources and caused other problems. This article is designed to collect the relevant documents of sorting and study and collation of data and theoretical knowledge, and analyze the situation of overdue custody from theoretical perspective examines the custody of overdue and characteristics. It combines two overdue custody of the classic case in criminal procedure law of the paper analyzed problems in the overdue custody in violation of legal terms and legal responsibilities.Based on discussions with the committed to the social background, China's judicial status quo and objective facts and statistical data analysis of the overdue custody of the two reasons. One of the idea does not meet the needs of modern judiciary. These include (1) dim law concepts (2) dim human rights concepts (3) dim law concepts of staff put into custody (4) Concept of serious crime.In accordance with the two sides, it proposed reform proposals from the notion of the system of innovation and improvement of the two aspects to create new legal and eradicated overdue custody of the serious problem. In view of major importance to reform the "convicted" thinking of that law enforcement personnel will be able to trace the case of them, but not the simple to find the criminal purpose. It ensures that neither go to a criminal, nor just a good man. And note the publicity for human rights and law enforcement personnel and make his own behavior standardized.On the other hand, the aspect of the system of the reform first of the judiciary. By setting the new legislation to standardize a definition of the custody, overdue custody of the accountability system has to strike a vnirtotk, through legal means to regulate the question of custody, in addition, this article also proposes three functional departments establish a neutral and impartial judicial supervision institutions, from the case of the whole process of supervision authority. Against public security authorities exercising the power of approval from public security department arrested and detained in the following must be within 24 hours to the monitoring body to apply for application by a detained to arrest.to prosecute for the implementation of the procuratorates of the power of approval, be responsible for relevant material's up to report to the judicial supervision organs, organizations, this verification information is true, the evidence to prosecute. To the court of justice, supervision, the commissioner for the trial, the decision of the court are conducted.the results of analysis are made with the principles of justice be effective, and principles of justice works against the court trial. such a third-party monitoring the platform, you can beat three functional departments of the common interests and judicial oversight department is responsible directly to the people's congress, so as to ensure that judicial fairness and impartiality.We believe that in the near future, the overdue custody will be able to be radically solved through a series of reforms.