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Suspensive Detention System Of Our Country

Posted on:2009-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:S S GongFull Text:PDF
GTID:2166360242490335Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
In the last few years,the judicial circle of our country has beensuffering from the problem of overtime detain and overdue imprisonment,which caused the writer's attention to suspensive detenion system of our country.As one of the most severe compulsory measure, suspensive detenion may infringe upon dividual freedom of a suspect or defendant. Therefore ,its application is strictly limited both in Civil Law System countries and Anglo-American Law System countries.and a judicial review ouer it has become an international practice.the basis thoughts of this textual is through comparing china's suspensive detention system with western nation's ,we introspected the current system and put forward some problems need to be solved .those was lack of exact orientation in detention measure,absence of necessary judicial review to the esertion of detention right,the larger flexibility of detentionperiod , deficientneutralityindecidingcustody place , inadequate rights guarantee system for someone who was detained.on this condition,we assum som measures which would make suspensive detention of our country better than before.The main text comprises fou sections.the frist section mainly introduces the basic theories of suspension detention.In this section , the author different connotations of suspension detention in detail in defferent countries and compare the differences in detention and arrest between china and other countrees.The author then expounds the function of suspension detention.The secomd section is of a comparison of suspension detention system ,mong some foreign countries.It mainly summarizes some representative suspensions systems in some countris.The third section focuses on amalyzingThe current situation of suspensive detention and its uauses of formation ,pointing out that,due to the influences of criminal judicial ideal option and the lack of a judicial examination and review mechanism and tha lack of an efficient judicial remedy system.The conclusion points out that we are faced with various kinds of problems in reforming the suspensive detention system.we have to overcome a series of obstacles from institutions and belisfs,and the reform is a long-term project.
Keywords/Search Tags:suspensive detenion, judicial review, detenion place, compare
PDF Full Text Request
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