Study On The Judicial Review System Of Unsettled Takes Into Custody

Unsettled takes into custody is one kind of person precautionary measure which in the various countries criminal prosecution widely uses. Under the legal condition, to the crime suspect, the accused person implements unsettled takes into custody, can effectively remove the behavior which its hindrance detection smoothly carries on, for the detection institution inquired into the case truth has provided the essential safeguard. At the same time, unsettled takes into custody the measure the implementation also to be able to guarantee the suspect, the accused person promptly arrives or appears in court, will possibly carry on the penalty for the future to carry out the activity to provide the essential guarantee. Unsettled takes into custody is a double-edged sword, the utilization is appropriate, regarding the attack crime, the prevention crime, the realization penalty goal has the vital role; Using is improper, then can seriously encroach is a suspect criminal's personal rights. In view of this, very many countries in the law to the suitable condition, the deadline, the procedure which unsettled takes into custody and so on make explicitly stipulated that, and generally established to the judicial examination system which unsettled took into custody.In the China criminal prosecution, unsettled takes into custody with the arrest on criminal charge, the arrest regardless of or is suitable in the procedure in the entity condition all not to occur separates. At the same time, regardless of before trial or the trial stage, takes into custody is suitable nearly completely attaches to the criminal activity investigates the activity, but has not formed independently, the seal judicature control system. From this, unsettled takes into custody the system in aspect and so on start, examination, deadline, place, relief all has the obvious flaw. Must consummate to the legal control which unsettled takes into custody, must implement the government by law principle, introduces in view of the judicial examination mechanism which unsettled takes into custody.This article through unsettled takes into custody the judicial examination system to some countries to carry on the comparative analysis, discusses this system the rationale and the value orientation, proposed and proves in our country establishes unsettled takes into custody the judicial examination mechanism the question.The full text altogether divides four parts. The first part of comparative analysis world main country unsettled takes into custody the judicial examination system the situation, including unsettled takes into custody with the arrest separation, unsettled takes into custody the judicial examination the main body, unsettled takes into custody is suitable the condition, unsettled takes into custody the suitable judicial examination...