Study On Criminal Detention System

The criminal detention system of our country is highly effective for the successfully prosecuted and criminal activity carried out. Especially to prevent the suspects tried to evade detection and to avoid destruction of evidence. Even avoid the threat of collusion of witnesses and victims. However, criminal detention system in our country has also had very obvious defects. Mainly attributable the prosecutors and police authorities suspect to the strict control of personal freedom. That is almost entirely dependent on the detention of criminal suspects to obtain the evidence of criminal activity. Such as taken by the criminal investigation, which is also completely controlled by the police and there is no effective control system of legal supervision. In this way, whether it is criminal detention system itself, or with criminal detention measures match seriously affect the purpose of implementation of criminal proceedings, is not conducive to social order and the protection of legitimate rights and interests of citizens. In view of this, this article attempts to analysis the general principles of criminal detention. The main question of the article as follows: analyze problems, thinking of our system of criminal detention research to solve the problem.In this paper, the mainly includes three parts, in addition to Introduction and Conclusion.The first part is about the general principle of the criminal detention system. First of all, describe the concept of criminal detention and its characteristics. The purpose of the analysis of criminal detention on the basis of the proposed criminal detention to be followed in our country, the principle of the presumption of innocence and proportionality, statutory procedures, as well as the principles of an effective investigation. There are one of the fundamental principle is presumption of innocence. And the ratio of the principles and procedures of the legal principles is the core of the system of criminal detention. At the basic emphasis on the protection of human rights, pay attention to the goal and control of crime equilibrium, so the system of criminal detention can follow the effective detection principle. Then it would be in line with the purpose of criminal proceedings.The second part is focused on criminal detention system to analysis the existence problem and the cause. Mainly manifested in criminal detention system there is a defect: in the "Code of Criminal Procedure" does not establish illegal immigrant detention system. And substantial use of it in reality, there is no legal cause of its application on the basis of. For catching the case the police in order to obtain evidence and criminal suspects statements. The criminal detention period is extended indefinitely. The criminal detention system of internal vetting procedures, lack of effective supervision and control, and the abuse of power provided the space. Criminal detention system and the measures supporting the existence of defects: in our country in the structure of the investigation centers, non-custodial measures are very limited to application, and more people are suspect personal control. The rule of law in this country with the West to non-custodial pre-trial based, in custody for an exception to the contrary and shows that: the imbalance between the purpose of criminal detention; the . criminal detention non-standard pre-measures to detect bodies of usually summoned to a license to issue a warrant to circumvent the law, which is in order to achieve the greatest degree control of the suspect the purpose of personal freedom. The authorities of the places of detention for criminal investigation have a strong dependence. Making the detention center can only be fully subordinated to the needs of the investigation, which the detained person of their regulatory activity directly to the Criminal Investigation and Service the work required. The rights of criminal suspects and the defense was nowhere to be done, because the detainees lack of substantive relief measures. This article holds that the existence of the above-mentioned problem, as the following main reasons: one, the traditional concept of the impact of legal culture; two, too believe in "the investigation centered" structure of the proceedings; three, detection of abnormalities in custody at the development of our country tendencies; four, lack of institutional protection of the Constitution; five, the loss of the role of lawyer and atrophy; six, the value of contempt proceedings.The third part the article is trying to improve the criminal detention system to the concept. First of all, this article on improving the system of criminal detention on the necessity is in order to promote all aspects of the construction process. The inevitable problem is in order to maintain the stability of society as a fundamental premise. The stability of society must be built on the power of citizens in the country's trust, respect and obedience on. If the arbitrary abuse of state power, it will inevitably lead to people not satisfied. Therefore, we must be reasonable for the power of the country, while strengthening the civil rights respected and protected. This is not only a fundamental of modern criminal proceedings, but also a common trend of development in line with the construction. At the same time the rule of law and the constitution of our country called for the protection of human rights concepts coincide. In judicial practice it is generally applicable to criminal detention, which is in the power constraints are not subject to any circumstances. Apply to criminal detention rate remains high. In cases of practice, the rights of suspects in criminal detention are not guaranteed, and even their physical health was severely crushed. This is clearly set up with the criminal detention runs counter to the original intention. Generalization applies to criminal detention under criminal detention system has exposed the shortcomings of its own. So the criminal detention system must be reformed. Finally analyzing the main shortcomings of the system reform and the impact of the factors, I propose the reform of the system of specific recommendations. One, the improvement of legislation: the establishment of undocumented criminal detention system; two, further defined the conditions for criminal detention; three, strengthening the prosecution of criminal detention supervision and constraints; four, criminal detention facilities of the neutral; the last, the perfect measures of criminal detention.