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A Study On The Accession Of Detention In Criminal Proceedings

Posted on:2016-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:H Q ZhuFull Text:PDF
GTID:2206330470981605Subject:Law
Abstract/Summary:PDF Full Text Request
Custody system is an important part of our criminal justice system, in the process of practice, Custody system ensure the process of litigation smoothly. At the same time, custody is a temporary deprived of the criminal suspect compulsory measures. In the criminal lawsuit.it is likely to infringe the rights of the criminal suspects or other legitimate rights and interests. Due to institutional shortcomings, the applicable rate of custody system in litigation activities is high, generally the serious problem of custody, the detention, protect human rights in the spirit of the constitution, the new criminal procedure law to respect and safeguard human rights and restricting the power of the rule of law ideal suffered serious setbacks and resistance. And the problems of detention for a long time to also seriously violated citizen’s human rights, influenced the image of judicial organs and authority. Although various judicial authorities and relevant departments have adopted a series of control measures, but the detention issue has not been solved effectively, the criminal suspect and defendant’s human rights still suffered serious damage. Therefore, how to solve the problem of detention fundamentally,being prosecuted the judicial protection of human rights has far-reaching significance.This article is in the perspective of judicial human rights by the prosecutors, comprehensive analysis and sum up the reasons of the existence of the phenomenon of detention, through draw lessons from foreign system of rights and combining our country’s current judicial status, put forward the basic method to solve the problem of detention in China. The author believes that China’s custody system there are programs and the many problems on the system, it does not accord with the modern rule of law and protect human rights requirements are. In order to better understand the problem of criminal detention system in our country, this article will from the new Angle of view to analyze the system of custody in our country are the essence of the problem, in order to explore the new way and new method to solve the problem of detention, establish and perfect to adapt to the situation of our country’s effective long-term mechanism to solve the problem of detention. This article includes five parts:the first part is mainly introduced the selected topic significance and research value of this paper, summarized the scholars study on problem of detention in China the status, as well as this topic adopts the research method. The second part mainly through two cases of detention to detention in China was introduced in the present situation and the harm, at present our country detention phenomenon common and serious, regular cleaning activities did not solve the problem of detention, instead of showing a clear and super phenomenon, and summarizes the previous detention governance measures.The third part mainly introduces one of the reasons for detention, the lack of right to bail. British and American countries will bail as alternative measures of detention, so as to greatly reduce the detention rate. Bail and the lack of rights, or even detention, high rate of custody in violation of the provisions of the program, also violated the entity rights by prosecutors. The fourth part mainly mtroduces the another cause of detention, namely the lack of jurisdiction over quickly. Abroad, jurisdiction over quickly by prosecutors as a right, made by prosecutors in the active status. The fifth part mainly puts forward the correct put an end to the solution of the problem detention. To expand the use of bail, limit the application of the bail with a specific case, the combination of given rapid trial, prosecutors primarily responsible for violating a detention shall be investigated for their responsibility. These three methods together, common play a role, in order to fundamentally eliminate detention.
Keywords/Search Tags:detention, Bail, Jurisdiction over quickly
PDF Full Text Request
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