Research On The Criminal Detention System

The Criminal detention system is one of the statutory mandatory measures in China, it has the characteristics of urgency,temporary and statutory. It is a very serious measures which makes people not be convicted but be punished heavily. Because of the consequence of the Criminal detention system brings to, it causes great controversy in theory and practice. This article attempts to examine issues from the perspective of the whole proceeding, in analyzing the cause of the problem and learn from foreign legislation and theoretical study, based on the improvement of the system of detention and make some useful reference。The first parts of the article introduces the features and the implementation conditions of the criminal detention system, including its meaning, the characteristics and other similar concepts of discrimination, with the help of the introduction of the detention system's role in China legal system. We can understand the criminal detention system clearly and deeply.The second part of the article tries to compare the criminal detention system with foreign country's similar legal system, so that we can have a basic understanding of the status and the level of development about the criminal detention system in general. It not only makes us understand the status and Improvement of the system thoroughly, but also makes it easy to find the curs of the criminal detention system.The third parts of the article focus on revealing and reflecting of the criminal detention system. First, we will reveal the defects of the criminal detention systems. Second, from the perspective view of the judicial, we will analyze the problem which caused by the criminal detention system in practice in detail. Thirdly, we will analyze the cause of the problem a neutral party from the ideological roots, monitoring system, legislative system so on and so forth.The fourth part of the article is about how to reform and perfect of the criminal detention system. First, we discuss the change of the philosophy which contained in the criminal detention system; secondly, by introducing the related detain system,We put forward a sound idea of the criminal detention system.