On The Extended Detention

"Extended detention" is a problem for a long time, but The main reason about "extended" is China's criminal law detention system has problem itself. Apart from China's Criminal Procedure Law provides for a basic outside the period of detention, it also provides a variety of contexts when detention time can be extended, and on the extension of the conditions of detention, there are many vague areas, making law unpredictable. And the parties of the decision to extend the detention is not satisfied with a smooth relief which means an innocent person in law enforcement measures to face the law there is no way to relief himself. This article is intended to analyse our extended detention syestem , and at the same time examine the relevant provisions of foreign countries , then presents the reform of China's proposal to the extend detention system, and also hope that China's detention system and the criminal system as a whole is beneficial.Except the preamble and conclusion parts,the body of this article consists of five parts: In the first part of the profile system, this article briefly explains the concept of China's extended detention system and figer out the positive effect and negative effect of this system.. A positive effect is mainly able to strive for more time to spy,the other is able to ensure the defendant can appear to the lawcourt on time, to prevent the accused do the harm to society after he was released. The negative effects are mainly of the defendant posed a grave infringement, so that the defendant who has already been in a very passive state can face an even greater disadvantage.In the second part, this article analyzes in detail the various stages of China's current extended detention system, and seek to lay a solid foundation for this article'purpose that is to find an effective solution to China's current detention system.In the third part, this article introduces the detention syetem of some foreign countries, the paper analyzes several Western countries to come to their common features, including a focus on protection of human rights, procedures clear, so that law can be predicted , the deadline for handling separation and the detention period, attach importance to the cases treated, the maximum detention period, a set of effective monitoring mechanism and relief mechanisms.Through the first three parts of the analysis, the fourth in the next section by comparing gives the advice about the reform of our extended detention seytem,and suggests two aspects of reform creatively ,first of all, idea reform, followed by institutional reform.In the final part, this article carefully reminders we should pay attenion to some problem about the reform, so that the reform about our system can be more feasible.