Post-Sentence Detention System Research

Post-sentence detention system is countries in criminal lawsuit activity of general application deprived of criminal the freedom of the accused person coercive measures, its specific refers to the court of criminal prosecution authority before the final judgment of defendants in accordance with the relevant provisions of the criminal litigation law of criminal lawsuit activity custody. Due to detain defendants compulsory measures for almost equal to punish the consequences, so whether continental law or Anglo-American law from security defendants are established extensive human rights Angle post-sentence detention system, in order to through the strict laws program to prevent custody rights abuse and security defendants personal freedom. However our country so far no more complete sense of post-sentence detention system, and it appeared the custody right exercise no independent judicial review mechanism is involved in custody and deprived of personal freedom, compulsory measures, detain deadline confuse excessive and elastic custody examination and decision procedure does not open and transparent. So is definitely necessary for China's post-sentence detention system, to ensure the perfect, closed an independent judicial control system, so as to realize the meaning of criminal procedure safeguard human rights.This article through to post-sentence detention system was studied, comparing the basic definition Anglo-American system and continental law system about post-sentence detention of design, combining our country's legislation and judicial practice custody article expounds the existing system present situation and analyzes the problems and their causes, and then based on China's national conditions puts forward the ideas of post-sentence detention system.The innovation of this paper to post-sentence detention in through system consummation, the introduction of real sense of judicial review mechanism, redesigned police powers and procuratorial, judicial referee expanded to detain legitimacy to such procedural aspects, finally realizes the safeguard human rights, prevent the accused person custody rights abuses of purpose.