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Attempt At Institutional Reform For Solving The Extended Detention

Posted on:2012-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:Q JinFull Text:PDF
GTID:2166330338999728Subject:Law
Abstract/Summary:PDF Full Text Request
Pre-trial detention, as the most severely enforcement action, if it is not performed properly, would infract personal freedom of the criminal suspects and defendants. To make the pre-trail detention under the legal regulation, the western countries had divided custody from arrest strictly, restricted the employment of custody by the constitutive requirements, specified the duration and extension of custody, and provided the persons under custody with several approaches of judicial remedy. In china, Supreme People's Court,Supreme People's Procuratorate and Ministry of Public Security have put forth a series of measures to regulate and avoid the extended detention, however, the consequence is not good. Essentially, the extended detention is illegal activity, also a severe threaten to human rights. The extended detention which harms the citizen dignity,the sanctity of law and the credibility of jurisdiction is significantly destructive. Solving the extended detention not only guarantee the human rights, but also uphold our country's sanctity of law.
Keywords/Search Tags:extended detention, judicial review, judicial remedy, institutional reform
PDF Full Text Request
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