Relief Mechanism Research Of Extended Detention In China

In practice of criminal justice, extended detention is long-term extremely problem. The civil rights have been violated frequently, such as that law enforcement officers limited and deprived the civil right and freedom of state citizens by virtue of the prerogative of the State. "The Code of Criminal Procedure "has conferred related-rights to suspect, but these rights do not go far enough for detriment of detainees rights. In addition, relief process of extended detention in our country relative to the International Criminal Justice Standards, the extent and scope and system of relief system have also room for further development. As the saying goes, no relief no rights. When the civil basic rights are infringed, relief is the natural choice to safeguard civil rights. This report advises some proposals to constitute relief mechanism of extended detention when the remedies of extended detention groups were not properly addressed in order to person whose basic civil right is in fringed get hold of the pressing guarantee.Except the introduction and conclusion, the totally full text divides into three parts, which is about 30,000 words and the main contents is as follows:1. The status of China's extended detention and relief mechanism is clearly flawed. Start with the concept of extended detention to start with analysis from the social status it brings up the dangers as well as the causes of the extended detention not only caused a waste of judicial resources, but also a serious violation of human rights contrary to international judicial trend is very the process is not conducive to the advancement of China's rule of law. In the deep causes of extended detention the analysis, leads to our extended detention of relief mechanism, lack of status, the level of legislation and judicial practice from the two aspects to describe our extended detention system, emptiness, relief can not be extended to China's detention of groups and timely relief, so as the next section, namely, construction of China's need for extended detention relief system to make bedding.2. Construction of relief system of extended detention system, the need for discussion. Caused by extended detention for various reasons, thus making it impossible to be eliminated flew away, chronic illness, we must go slowly to treatment, however, extended detention exists, violations of the rights of detainees are continuing; so, the detainees is particularly important to provide relief to construct the task of extended detention relief system also become indispensable. This part from the need for protection of human rights,procedural justice,the embodiment of the integrity of the criminal system, as well as several aspects of compliance with international obligations to be elaborated, laying emphasis on the rights of detainees groups need relief.3. Construction of China's extended detention judicial relief system as a whole train of thought. Two parts by the above findings, interpretations, our relief system for construction of extended detention is a priority, the last part is a central element of the full text of our extended detention of relief system, built to be a detailed description of ideas, based on the existing relevant laws and regulations in China , in the rule of law drawing on other countries on the basis of a reasonable system, to explore how to build in line with China's national conditions and with the feasibility of relief measures. From the constitutional point of view to determine the relevant provisions of the relief mechanism to ensure that our construction of extended detention, and to give the detainees a series of specific rights can be exercised. This chapter mainly from the perfect group rights have been extended detention on the basis of the constitutional protection was proposed including the establishment of rights and interests of detainees relief system, the introduction of habeas corpus system, improve the bail system, establish a system of judicial review, and strengthen the right of lawyers to intervene and improve the state The six criminal compensation system as well as to ensure appropriate support measures for its implementation, its elaborate on what specific areas to build a reasonable and feasible relief mechanisms, both in line with our rule of law and judicial background of the status quo, and can effectively protect the population of extended detention personal rights.