Reflection On Logical Distribution Of The Authority To Detain In Criminal Proceedings

In recent years, the research on the detention system is always one of focal points in thecriminal prosecution theory, the focal point of the research mainly concentrates to some issuewhich is very sensitive and to be urgently solved, such as rights of the detainee, the logicaldistribution of the authority to detain and so on. The sum total of this article is contained theabove-mentioned problems. From the distribution of the authority to detain angle, the articleurges strategy to improve the detention system. The paper altogether divides into four parts.The first part, the meaning of the authority to detain. To be affected with the legal culture,the meaning of detention, arrestment, custody in our country has the certain difference in theconnotation with the west countries. To define the authority to detain, which is studied in thepaper, this part will determine the limits of it and expound the object of it.The second part, current situation and evaluation of the authority to detain. For one thing,this part will interpret the current situation of the authority to detain. On this basis,the paperemphatically analyzes the deviant phenomenon of detention, such as illegal detention, abusivedetention, detention in disguise and so on, and analyzes the causes of these questions from alegislative, law-enforcement, supervised standpoint.The third part, to evaluate the subject of the authority to detain in the west countries. Inthe nations subject to the rule of law, the authority to detain is also indispensable in criminalproceedings, but the deviant phenomenon of detention, such as illegal detention, abusivedetention, detention in disguise and so on, is not common. Around the issue of improving thedetention system, it is necessary to benefit from some conception and system. In this part, thepaper will analyze and borrow advanced legislation in the west countries just from the subjectof every link of detention.The fourth part, the logical distribution of the authority to detain is closely allied tohuman rights. The level of safeguarding of human rights is an important standard forestimating the status of exercising the authority to detain. Followed along with human rightswritten into constitution, the improvement of the detention system should center on respectingand guaranteeing human rights. It is closely allied to rights of the detainee if the distribution ofthe authority to detain is reasonable or not. So the paper intends to promote the constitutionalspirit of"respecting and guaranteeing human rights"just from the distribution of the authorityto detain angle, and better exercise the idea of safeguarding of human rights in criminalproceedings.