On Overdue Detention

The issue of overdue detention has been highly emphasized by Chinese supreme judicial organ. However , it is like cancer being attached to criminal procedure, even if administered in accordance with the central judicial organ, the issue has not been resolved radically. On the contrary, this issue is being turned in even rigid phenomena such as disguised detention and concealed detention along with the deepening of correcting and protecting overdue detention.Confronted with this phenomenon ,the criminal procedural circle has no choice but to respond and study it .Up to now, some scholars and judicial organs made beneficial research on the issue and has obtained good results to some extent. But ,we can't deny that these studies are too superficial, since their methods and ways for solving the issue are not universal and too pure theoretical. In this paper, the author, in the light of her personal experience in the judicial organ, clarifies and defines some important issues about overdue detention in theoretical circle, and analysizes various reasons which causes overdue detention. Based on these analysis, the author puts forward a series of controlling overdue detention from the aspects of system, ideal and judicial practice so as to solve the cancer of overdue detention.As for the frame of this paper, it is divided into three parts in a traditional way. In the first chapter, the author simply introduces the knowledge of detention at home and abroad,and points out the defects of our own detention system. The second chapter concerns the real reason that brings about overdue detention, where the author points out that potential rules are the real motivation of overdue detention. In the last chapter, the author introduces related ways of controlling overdue detention from the angle of normfication.