Research On Detention

Detention is a kind of police authority in the Police Law. There are somedifferent opinions in the academe about the law character of the detention. Itsadministrative character is beyond question. It is always an effective administrativecompulsory measure in investigating and dealing kinds of public peace cases. But itscharacter of criminal justice is also obvious. Detention has a close relationship withthe criminal law. It has the same objects with the criminal compulsory measure insome aspects. Many cases enter the criminal suit through the detention. So thedetention shouldn't be considered as only administrative behavior or judicial behavior.It is a compulsory measure with double law characters. The cognizance of the lawcharacter of detention can be obtained from the research of the police authority, whichcovers two fields of the administration and justice. Detention is usually considered asadministrative compulsory measure so that it isn't valued in the field of criminal lawall the while. In fact it has important value in the criminal suit. It has a positivefunction in starting the procedure of criminal suit, ensuring the process of the criminalsuit, saving the evidence from damage and protecting the human rights. Manyproblems exist in the design of legislation and practice so that detention always in anawkward condition that is being abused or abandoned. Many scholars put forwardsome improved theories which involve several departments of law, for example,writing the detention into the criminal law, shortening the time of detention and set asystem of the judicial review and relief. So the most practical and feasible way is toabolish the detention. There is little influence after abolishing the measure. And thereare some other operable measures can be used to fill up the deficiency.