The Development And Perfection Of China 's Detention System

Since ancient times, the custody system has undergone a series of changes in custodyobject, places of custody, custody deadline, the rights of detainees, the privilege of custody,restrictions and penalties to officials etc. It removed the oppression of humanity, every changetrended to be more humane. Custody which is a necessary state after the arrest and detentionmeasures is partly inconsistent with the idea of China’s human rights protection, However, asa method to guarantee the smooth progress of litigation, it has the necessity of existence.Absorbing the advanced theory and outstanding achievements at home and abroad,theCriminal Procedure Law revised in2012,and it was accompanied by the conditions morestringent,restrictions more clearer,procedures for examination and approval of arrest werefurther improved,Moreover, it increased the protection of human rights of minors,improvedthe execution of arrest,established a custody censorship and the decision time of arresttrended to be more reasonable. The concept of human rights protection was implanted intothe Law at the same time.Moreover, it put the idea of Judicial protection of human rights andcivil rights into practice.However, comparing with the system which is relatively mature in foreign countries, theapplicable procedures,applicable grounds,detention deadline, review procedures,places ofdetention,judicial relief procedures of custody system in our country is still not perfect. Thatleads to several conflicts between the custody system and the concept of human rightsprotection, for instance, in the basic theory, tensions and conflicts exist between crime controland human rights protection; criminal justice organ and the public have inherent preference incustodial measures; the basic principle is difficult to achieve in practice. In the basic systemaspect, the arrest and custody are without distinction; custody deadline is not clear; custodyreview is not perfect; judicial relief program is missing; places of custody is non-neutralityetc. As for the conflicts above,learning from the experiences of foreign countries, In order tomake our custody system become more rational,more conductive to protect human right,it isnecessary to remodel from the basic principle that is the principle of custody exception,theprinciple of proportionality,the principle of continuity of reviewing,the principle ofindependence and argument,the principle of judicial of relief and from the perspective of the basic system,that establishes an independence custody deadline and neutral places ofdetention,refining the necessity to review and improving the relief program of custody etc.