Survey On The Problem Of Illegal Detention And The Construction Of Detention System

The pretrial detention is the important part of the criminal judiciary. The execution of the pretrial detention can present the level of the civil rights in criminal pendent elite. And it also can reflect the country's legal system. But the Law group in China hasn't been focus on the theory of the problem for long time. And they haven't systematically researched the related issues. The result is that the law group can't put forward the effective method to solve the problem of the illegal detention. Additional, the ways of researching the problem restrict thoughts of the scholars. The scholars even nearly know "what is happening in the reality". So we must find a new way to solve the problem.Author try to make a systematic research on the subject of illegally detention in our country, revealing the defects in the judicial and constitutional system, hoping to find a way to thoroughly eliminate illegally custody.This article is made up of four parts and about thirty thousands words. All the whole content are arranged as follow:In the first part author analyze the status of detention and illegal custody in the judicial practice in our country, and argues that the high custody rate should suggest the alienation of custody function. This results in widespread illegally custody and tremendous harms to the detained person, the country and the society.In the second part, author explores the contributing factors of illegal custody from the phenomenon to essence in the third part. It exposes the defects in the judicial practice, legislation, idea of value and constitutional system. These factors comprehensively contribute to illegally prolonged custody continuous existing in our country.In the next part, author provides the tentative idea on how to end illegal detention. Firstly, we should perfect our criminal procedure step by step, by which to promote the innovation of judicial and constitutional system. Then, the reconstruction of detention system must be based on the goal for protect the society and the restrict must be embodied mechanism of power of custody, the guarantee mechanism of protection of civil right and the self-restrain of judiciary. Thus, we may build up a strict control system on custody and realize the myth to terminate the illegally prolonged custody.In the final part, author discusses some institutions that should make up of the wonderful Pretrial custody system. The article thinks,It is why that the pretrial custody can be called a great system, and it should include the reason of the detention,the basic procedure of pretrial custody,the relief of pretrial custody and the substitutive measures of it . Then this article proposes amendments on the questions to the reformation and improving of the pretrial custody system of our country in the finally.