Research On Judicial Control Of Pretrial Detention

The reason that I chose"Research on Judicial Control of Pretrial Detention"as the subject of my graduation thesis for master's degree is a case on that five youths from Neiqiu County Hebei Province, who were suspected to murders and taken into custody for 11 years, and then tow of them died in the detention center. This case shocked tremendously me. As we know, they are among so many extended detention people in china. No freedom is the most severe deprivation for the individuals from the governments, and finally there will be this conclusion: the rights which the governments use to investigate and take into detention of the suspects should be limited. In theory, the most severe measures should be supplemented by the most perfect relief systems. But contrarily in china, pretrial detention that is a legal status uninterruptedly depriving of freedom of person, have badly influenced the rights of the accused, social evaluation, the family, etc. Present measures on pretrial detention are always systematized and normalized all in aspects of purposes, reasons, procedures, and social relief.However, in criminal justice practices of china, pretrial detention is a universally applied system. Properly or not using of this system will affect both the progress of criminal lawsuits and the protection for rights of the accused. So it's mostly significant that studying deeply some basic problems on pretrial detention and improving its'corrupt practices for consummating the structures of obligatory measures, and for safeguarding the smoothness of criminal lawsuits.The thesis consists of four chapters to study the systems of pretrial detention.In Chapterâ… , the writer mainly defines the conception, objects and characteristics of pretrial detention, and then summarizes present situations of pretrial detention.In Chapterâ…¡, the writer reviews overseas systems of pretrial detention, and introduces the main contents of advanced systems abroad, then compares and analyzes similarities and differences of institutions of pretrial detention between the Common Law systems and the Civil Law systems. Through above-mentioned comparative methods, the writer analyzes fundamental flaws of china's pretrial detention systems and the objective and subjective reasons giving rise to them, in order to find out deep-seated reasons leading to existing system deficiencies and ensure the reforming direction of the systems.In Chapterâ…¢, in the basis of Chinese national conditions, the writer boldly devises and establishes reformatory pretrial detention systems of china. Its'core lies in establishing an independent and closed judicial controlling system.Chapterâ…£is a wrap-up part of this thesis. In this Chapter, the writer draw a important and useful conclusion: pretrial detention systems of china will be further developing and improving only if these systems are brought into the orbit of judicial review.Owing to the writer lacking for experiences of judicial practices and the limits on her knowledge, this thesis inevitably exists some deficiencies. However, the writer expects to cause people's studying enthusiasm on judicial control of pretrial detention by means of writing this thesis. Additionally, if the writer must ask the readers' kind indulgence for any inaccuracies and omissions that may possibly occur in this thesis.