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The Research Of Criminal Detention

Posted on:2008-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:Y D OuFull Text:PDF
GTID:2166360242977563Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Criminal detention is a measure to control the suspect in emergencies and it has some characters such as emergency, temporary and non-punitive, it's to balance the country penalty and the human rights in essence. The first part will make a brief discussion about the criminal detention and the relationship with personal freedom security.The second part will make an exhaustive discussion about the overseas legislative models. Primarily study on some representative countries(areas) of common law and continent law, such as the England and American, Germany and France, Japan and Tai Wan.The third part will analyze the issues about criminal detention which happened in the judicial practice, and then make a further discussion from two points of view. Firstly is to concern about the reasons of these issues from the point of idea, and then to think about issues from the point of judicial system.The fourth part is to discuss about the reform and the improvement of our criminal detention. This part will be separated to two parts, the first part is to research on the judicial values and make a promotion in the value of human rights protection, and then put forward an idea about the reform of criminal detention based on the discussion about the issues in judicial practice and foreign legislative models.At last, we will discuss about the judicial system reform briefly.
Keywords/Search Tags:criminal detention, arrest without warrant, suspect, judicial review
PDF Full Text Request
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