On The Legislation Perfection Of The System Of Pretrial Detention In China

Recently, the problem of detention beyond the legally prescribed time limits has been quite serious. The cases that have been detained several years are very common, even that have been detained for over ten or twenty years can often be found in the newspaper. These cases that judicial agency offended the citizens' personal rights caused the great dissatisfaction at the judicial system related to the citizens'personal freedom.For a long time, the high rate of detention and the problem on detention beyond the legally prescribed time limits is always the focus of the society. How to build the criminal pretrial procedure to change the situation of arrest forever and detention to the end, and practically ensure the rights of the criminal suspects and prosecutors in lawsuits is also the subject explored by the judicial circles.In order to solve the problem of detention beyond the legally prescribed time limits, central politics and law committee, the highest people's court, the supreme people's procuratorate and the public security offices have published articles several times. The nationwide public security and judicial system has launched an action to clear entirely and correct the problems in the unsettled detention, and has achieved certain success.However, the reasons of detention beyond the legally prescribed time limits are very complex. How to perfectly solve the problem of detention beyond the legally prescribed time limits still relies on the deep research by the law circle and the administration of legislation and judiciary make further effort.The whole thesis has been divided into four parts:The first part:the introduction of unsettled detention system. The second part introduces the unsettled detention system in the main countries and areas in the world.The third part discusses the situation of the unsettled detention system in our country and the existing problems and the reasons caused these problems.The four part discusses the legalization perfection about the unsettled detention system in our country.