Further Study On Overdue Detain

The overdue detain may not only violate the legal rights and benefits of criminal suspects or defendants, but may also result in pains and sufferings for them. Moreover, it will do great harm to the justice of judicatory. Besides, it violates the international obligations, too. The radical reason for its widely existence lies in traditional concepts and the deficiency of laws and regulations, as well as the interaction between the two. On the basis of the existing litigation principles in Criminal Law, the following principles are supposed to be included, that is, the litigation proportion principle, the litigation benefit principle and the in-time litigation principle, in order to effectively keep within limits and put an end to the overdue detain. Furthermore, with the help of the related rules and regulations of the UN and foreign countries, the executing concept and constructing of the laws both require reconsideration.This paper will be divided into four parts. It may begin with the present state and harmfulness of the overdue detain. Then it will focus on the cause analysis. Later, it may suggest some new litigation principles. And finally, it will concentrate on the establishment and improvement of the judicial relieve.