Research On The Application Of The Criminal Detention At The Investigatory Stage Of The Criminal Process

In recent years, criminal detention is the focus of our society. National relevant offices have repeatedly issued decrees and interpretations, putting forward a series of solutions out of the problems. But these measures are restrained because it is always based on current criminal procedural law, emphasizing self-discipline of the law enforcement officials of law enforcement department. Based on research and the knowledge of the nature of the procedural law, now, a common recongnition in the academic circle is, a systematic reform of the criminal procedure is necessary. An in-depth study of the investigatory stage of the criminal process, focusing on the power of the courts to control police investigatory practices of arrest and detention. And the Principle of Reservation by the Judges is essential to this research. In chapter one, the author discusses the suitable theoretical foundation of detention. Normally, the purpose of detention in criminal procedure is to not the prevention of dangerous behaviors of the suspect but the guarantee of the process. Certainly, we know the detention is only for procedural purpose, but in practice, it deprives the freedom of the person in a relatively long time. Sometimes, it is more crucial than the result of a criminal judgment. For effective criminal administration of justice, it is indispensable to detain the suspect. So we need a solution, and the Principle of Reservation by the Judges is good in nature. Chapter two makes a full discussion of the Principle of Reservation by the Judges. Three reasons are put forward as why the judges are the better choice than the prosecutors. And the values of the principle are also discussed thoroughly. These values are due process, checks and balances, and the protection of human rights. In chapter three, a comparative analysis is made. Almost all the major continental legal system countries are discussed thoroughly. As a result, several general principles are concluded. These are the separation of the arrest and the detention, arrest before the detention and who makes the decision on the detention and how to make. In Chapter four, the current law of China is reviewed according to the Principle of Reservation by the Judges. The main problems are listed as followed: the combination of the arrest and the detention, non-neutrality of the decision-makers, and the interrogation executed by the investigation offices not the decision-makers. In Chapter five, the author makes several points about how to reform the current procedure concerning the application of the detention according to the Principle of Reservation by the Judges. It is also noted that we should pay attention to the role played by the judges in the current trial, and the measures used in the investigatory process. Generally speaking, it is not reasonable to imagine the system to change overnight and rush to a new system. Certainly, this paper discusses only one minor aspect of the detention system. Still the author hope it can promote the enthusiastic discussion on the detention system.