On The Constructing Of The Habeas Corpus System In Chinese Criminal Procedure

The "habeas corpus system" is very popular in common law countries. Along with the integration of the two legal systems, many civil law countries also established it. In contemporary society, it is a minimum standard of the international norms of criminal justice. Through the comparative analysis, the paper verifies the necessity and feasibility of its constructing in Chinese criminal procedure and brings forward specific ideas. At the request of the detainees or their agents, the court will issue the writ of habeas corpus and order the implementation of the custody to send them to court within a certain period of time, to review its reasons for the establishment of detention. The paper is divided into five chapters:Chapterâ… . The origin and development of the "habeas corpus system". It originated form Britain and was established in the United States, Canada, Germany and so on.Chapterâ…¡. The basic principle of the "Habeas Corpus System". The protection of human rights, the checks and balances of power and the due process are its theoretical foundations. The restriction, the prevention and the safeguard are its functions. It is a relief detention system, a judicature examination system and a procedure.Chapterâ…¢. The necessity of its constructing in Chinese criminal procedure. It is the practical needs of the building a harmonious society, the human rights protection and the fulfilling of the international obligations.Chapterâ…£. The feasibility of its constructing in Chinese criminal procedure. Its theoretical study is prepared sufficiently. It has some basis for practice. It has a historic legislative opportunity. The corresponding law cultural soil has formed initially.Chapterâ…¤. The concrete structure of the "habeas corpus system" in Chinese criminal procedure. The applicants, the people receiving the writ of habeas corpus and the admissible agencies form its basic framework .It is very important to clear the habeas corpus' format and suspension cases in "habeas corpus system".