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A Study On Criminal System Of Pretrial Detain

Posted on:2009-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:L Y WuFull Text:PDF
GTID:2166360242970221Subject:Criminal Procedure Law
Abstract/Summary:PDF Full Text Request
As the most serious coercive measure in criminal proceedings, pretrial detention, on one hand, is an effective preventive measure to oppose crimes by specialized state organs. On the other hand, it has limited the personal freedom of the suspect. Therefore, if appropriately employed, pretrial detention will play a significant role in combating and preventing crimes as well as achieving punishment. Otherwise, it will terribly violate the criminals' human-rights, which contradicts with modern rules of law that advocating the values of human-rights.Both theorists and pragmatists have paid much attention to detention in recent years because of its gravity. One of the most serious problems lies in overdue custody, which works together with inquisition by torture as the two urgent issues in pretrial criminal proceedings. Corresponding measures have certainly been used to solve the problems in pretrial detention both in legislation and practice in China. Actually, Rome is not built in a day. So this can not work out in few days, we still have a long way to go. In order to salve the problems in pretrial detention such as overdue custody, we should make a lot of changes in legal system. Only on the basis of the theoretical analysis of pretrial detention, can we solve the listed issues more reasonably.This thesis is devoted to the analysis and considerations from the aspects of theoretical presumption of innocence, practical protection of human-rights together with the regulations on pretrial detention and their shortages.
Keywords/Search Tags:pretrial detention, human-rights, presumption of innocence
PDF Full Text Request
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