On The Improvement Of The Legislation Of Criminal Detention In China

Criminal detention is a compulsory measure to deprive the liberty of flagrante delicto or major suspects temporarily in emergent situations by Public Security Organs and People's Procuratorate according to the law. It plays an important role in fighting against the crime, protecting the legal proceedings, and maintaining social order. It is most commonly used in criminal coercive measures. However, many shortcomings and problems are exposed in legislation and judicial practice.Based on China's national conditions, the thesis takes the relevant system in countries adopting continental law and British and US law as reference to make in-depth exploration of China's criminal detention. It points out the problems in the criminal detention and puts forward the improving proposals with the basis of making thorough analysis on the roots of the problems.The first part presents the overview of criminal detention system and mainly introduces its concept, features, functions and the analysis of its validity and confinement. The necessity of perfecting the criminal detention system is also suggested.The second part observes the two legal systems in the major countries from the perspective of comparison. The relevant systems in major western countries are introduced respectively, which include the United Kingdom, America, France, Germany, Japan and other countries. And it also studies and analyzes the relevant systems in countries adopting continental law and British and US law.The third part studies the current criminal detention system and analyzes the existing problems in the application of criminal detention, conditions, sites, supervision, relief and other aspects as well as its causes, such as procedure structure, the awareness of rights, legislative defects and so on.The forth part puts forward the conception and strategy of criminal detention system in our country including the establishment of judicial review, shortening the period detention, establishing detention without warrant, reform detention places, and expanding channels for relief and so on.Criminal detention, as a compulsive measure for emergency, plays an important role in fighting against the crime, protecting the legal proceedings successfully. But if it is not applied carefully, I will cause the great threats or infringement to the rights of citizens. Therefore, we should constantly improve our criminal detention system, and fight against the crime to protect the citizen's legitimate rights and interests to achieve the smooth criminal proceeding.