On Judicial Remedies Mechanism For Prolonged Custody

On the basis that the country is undergoing a comprehensive transformation in all the conditions —social, economic and political as well as judicial, the thesis deals mainly with how to construct a rational judicial remedies mechanism for those being held in custody, who are greatly deprived of the chances to be granted judicial remedies. The mechanism proposed involves such components as amendment and stipulation in some corresponding laws and regulations, introduction of judicial review for pretrial custody, safeguard lawyers' right to intervene, together with prompt state compensation for prolong custody. Thanks to the feasibility of the assumed judicial relief mechanism, the detainees may stand a chance to be provided adequate remedy in law.The thesis consists of a summary, the main body and a conclusion. And the main body is constructed by four chapters. The first chapter centres on the urgent need to provide judicial remedies for the detainees. Empirical analysis method here is employed to illustrate the abuse of prolonged custody. Hence the emphasis on the necessity of providing judicial remedies is laid. The second chapter, in terms of law-making and judicial practice, presents a meditation on the inadequacy of the country's pretrial judicial remedies. The seam of law-making in formulating a judicial remedies and the inconsistency of legal practice attribute to such inadequacy. The third chapter focus on the introduction of the laws in the western countries ofthe legal families, which have established some fundamental principles and theoretical frames concerning these issues. Followed by is a comparative analysis between the western countries pre-trial system and that of China, which is designed to prepare the way for a reasonable solution to prolonged custody. The fourth chapter holds an elaborate discussion about how to construct reasonable and feasible judicial remedies mechanism. The very chapter is the fundamental part of the whole thesis. It is divided into five parts: (1) based on an attempt made to theoretically study what can be borrowed from the legal systems of western countries, it advocates perfecting laws and regulations concerned; (2) introduction of the system of pretrial judicial review; (3) prompt help for the detainees given by lawyers and (4) probe into the reform of criminal state compensation system.