Probe Into Questions About The Abuse Of Criminal Detention

As a forcible measure of restriction on person's freedom, the criminal detention has to be taken with great care; otherwise it may bring on a series of problem. The abuse of the criminal detention is one of the serious problems. In this article, the abuse of the criminal detention has been discussed, combine with the review of foreign detention system, the roots of the abuse of the criminal detention in our country have been analysed, and some assumes for reforming the detention system have been proposed.The article contains three parts: introduction, text and concluding remarks. There are about 30000 words in it. Its main contents are as follows.Introduction: the significance of subject, the research range and the train of thought have been introduced.Section 1: Summarize of the criminal detention, the evolvement of the. functions of the criminal detention in criminal litigation in our country and the expression of the abuse of the criminal detention in criminal litigation have been presented.Section 2: Author has reviewed some foreign (UK, USA, Germany, France etc.) systems of the detention and indicated their characteristics: 1. For forcible present in investigation, the judicial review systems of the arrestment and take into custody before trial try are in common found in these countries. 2. As a measure of forcible present to the suspect ordefendant, the detention need not bring on the take into custody. 3. There are systems and perfect process regulates of the detention and arrestment without a certificate, but their use adopt a prudent policy. 4. There are no the abuse of the criminal detention commonly.Section 3: To advances four reasons of the abuse of the criminal detention in our country: 1. Lack of the mechanism of law guarantee, and the absoluteness decision power of investigate organization without supervision. 2. There are some disfigurements in the design of the criminal detention system. 3. There are no division of difference between the arrestment and take into custody. 4. The apply range of bail await trial and under house arrest are too narrow, the suspect or defendant in litigation course are taken into custody basically. Section 4: The countermeasures of to avoid the abuse of criminal detention: 1. To build up the sense of infer "not guilty", and to establish the principle of infer "not guilty" completely in criminal litigation. 2. To definitude the aim of the detention for different case, progressively carry out a system, which will divide difference between the arrestment and take into custody. 3. For different detention objects to construct different detention systems. 4. To establish a bailment system that will accord with the situation of our country and need for strike the crime. Concluding remarks: To sum-up main reasons and harmfulness of the abuse of the criminal detention, to expatiate that only by design science system of the criminal detention can we resolve the problems of the abuse of the criminal detention.