On Judicial Control Over Criminal Detention

As a kind of the most severe compulsory measure , criminal detention may seriously invade personal freedom of suspect and defends . It is indispensible that the personal freedom of suspect and defends have been limited in criminal procedure . In order to balance the benefits between criminal justice and human right protection of suspect and defends , this personal freedom limit must be restrained to keep its justness . A tight legal control has been imposed on custody in the western countries . The judicial control must be put the whole procedure of detention using, so judicial examination and judicial relieve are the essential factors of legal control over detention . The author analyses the present situation of detention system in china , have a comperative study of judicial control over detention in western countries . At last, the author provides the suggestion on how to build up the whole legal system of criminal detention .