Research On The System Of Detention Under Demand

Detention under demand, by which the human rights of criminal suspects and defendants are protected, has been an important system under the criminal procedural law over the world. However, up to now, such a system has not been established in China, which has causes criminal suspects and defendants' rights frequently infringed. By introduction of the basic theory and contents of the system and description of the system in western countries and the legislative conditions in China, this paper analyses the characteristics of such system in western countries, points out the problems and their causes under the system of detention under demand, and finally provides suggestions and principals to better the system.This paper is classified into three parts. In the first part, this paper, by describing its conditions and procedures of the application for this system, its duration and extension thereof, the rights enjoyed by prisoners and their remedy measures in such western countries as England, USA, France, Germany, Italy and Japan, introduces the legislative conditions in foreign countries and on the basis of the introduction, summarizes the characteristics of the system in western countries mentioned above.The second part is about the legislative conditions, problems and their causes regarding the system in China. Firstly, it introduces the main contents of this system, then points out the problems in China, that is, this system being abused in China, extended detention and human rights of prisoners being infringed. And finally it analyses the causes for such problems in the ideological and legislative perspective.In the third part, this paper puts forwarder several suggestions to better the system, detention under demand. It points out three principals, establishing the system of obtaining a guarantor and pending trial, defending system and judicialremedy system, shall be followed when reforming this system.