Prosecution Control Of Pretrial Detention In China

This article mainly discusses the disadvantage of the pretrial detention in China and the probability of the implement of trail control, to amend prosecution control of China. Aimed to the positive proposition in theoretic field to push forward pretrial detention in judgment control, this paper, according to the reality in our country and by analyzing the actuality of pretrial detention and its existing problems, and the conditions of the actual prosecution control in detaining, draws the conclusion. That is , the mode of judgment control is perfect, but it does not accord with our country's present actuality; and although there exist some abuses in the practice of prosecution control, the abuses are among the limitations in designing the system and can be perfected. This article contains four main parts:The first one is analysis of the current situation of pretrial detention, to discuss it's theoretically shortcomings. Based on the statistical data, corresponding case of resent years, the article firstly provides an objective description of the recent situation. And, it further discusses the trait and disadvantages of Chinese detention system, form the purpose, basic principle, and relief procedure of detention.Secondly, it also discusses the feasibility of the practice of trail control in China. Through the comparison of China and western countries'different situations, it is suggested that pretrial detention system is feasible in some other countries but not accord with country's fact.The third part is the discussion on whether our judicial section can carry out pre-detention. The present study deeply analyses the way to supervise the detention and the reason of over detention, to find out what is the root of the problem, the shortcomings of policy itself or the its practice process.At last, it also provides some suggestions on improving our detention system.