Theortical Law And Practical Law

Although only 9 years has past since the new Criminal Law was promulgated in 1996, more and more problems emerged in our judicial practices, especially in those prominent cases of compelling enforcement measures by the detective organ, which were strongly criticized by the academic circles and the public. Those lawful regulations were misshaped and distorted in our real life. Further more some regulations; ethic criterion or potential regulations were then brought out in parallel with the law. The emergence of those problems has constituted a great challenge to the authority of the law.This paper made an analysis of the origins of most problems lying in the criminal detention and found out the reasons for the mutual contradiction between theoretical laws and practical laws by making comparisons between legal regulations and practices from a micro perspective through many data and cases in the following 9 aspects: the judgment, principle, subject, conditions, time limit, chancery, notice, supervision of criminal detention, the accusation appeal, lawyer's interference and national compensation etc.On the basis of analyzing those problems and combining with the practices of great pressure in the criminal detection in China's social transforming period, the writer brought forward a package of measures for improvements in this regard including the upgrading of lawmaking techniques, adjustment of the functions of different departments and perfecting of the measures to safeguard rights etc., with a view to contribute his effort to constitute a lawful social life by his own endeavor.