Hidden Problem Of Extended Detention Research

In criminal procedure law, recessive overdue custody is a new disease. Relative to clear legal custody of the overdue period of time spending.Its content is in the legal forms to cover up the essence of the custody of the overdue.Recessive overdue custody is a way that a few of national judicial organs and their staff to take criminal suspects or defendants execution of criminal detention or arrest.They make use of the unperfect of custody system, let the overdue custody exit. It has the following characters:covers, the form of legality, illegal responsibility to determine the characteristics.In the "law enforcement inspection," and "a clean break of the special activities overdue custody" dominant overdue custody have been curbed, but in the recessive overdue custody of the serious problem. Gradually become our custody system unregistered program, the law, which hampered china's civilization in the process of the rule of law. The study will be overdue recessive custody in our custody system and from the perspective of constitutional guarantee of criminal suspects or defendants the legitimate rights and interests.This article is based on the use of the law, empirical analysis in the recessive overdue custody and cause of the present analysis, pointed out: first,a transformation of law enforcement, and improve efficiency in handling;second, increase the judge to criminal detention or arrest for judicial review, no custody of the taking of habeas corpus system; third, changing the place for custody and police authorities affiliation from neutrality.