Research On Criminal Detention Measures

Criminal detention is a criminal coercive measures in our country, which is used by public prosecution authorities in the investigation of crimes. Its main function is restrict the personal freedom of the existing criminal major suspects, to prevent them from committing crimes against society, destroying evidence, and avoiding trial and conviction. Criminal detention has a very important significance for criminal investigation department in a timely and efficient investigation of crime, as soon as possible to fight criminals, reassure the public and stable social order. However, due to limit specific historical conditions and the lag of the development process of the rule of law in China, there are many problems in the operation of the criminal detention system in China. This article attempts to start from the development of Chinese criminal detention, compared with the common law countries and civil law countries on the criminal detention of the legislative law enforcement profiles, analysis of the current system of shortcomings. Following the principle of thinking which at first analysis of the causes of the phenomenon, then find out the essential characteristics, solve the problem at last to our country’s criminal detention system. In addition to the introduction and conclusion, the author intends to discuss in four parts:The first part:mainly elaborated the general principle of the criminal detention. This part mainly is the meaning of criminal detention and its composition analysis, characteristics, applicable principles, implication and so on.The second part:this part focuses on the current situation of the application of the criminal detention in our country and exposed the defects. In order to explain these problems, this part uses the comparative research method, and is interspersed with some legislation in the common law countries and the countries of continental law system.The third part:this part analyzes the causes of the defects of current criminal detention measures from different angles.The fourth part:we try to put forward the idea of the perfection of the criminal detention measures in our country. Mainly includes the draw on the practice of foreign countries and establish the mechanism of judicial review of criminal detention, strict limits apply to criminal detention conditions and terms, strengthen the other noncustody of criminal coercive measures applicable, strengthen the procuratorate of the executive organs in detention in the specific implementation process supervision structure.