Pre-trial Detention, Judicial Control

In which procedure are criminal suspects easy to be injured? Undoubtedly, it's during the procedure of investigation. In which link is the injury deepest? Undoubtedly, it's during the detention. As a member of <>, we should introduce the judicial control into the procedure of detention as most countries in the world do, following the banner of procedural justice, making our criminal prosecution not only punish crimes effectively but also protect human rights fully.In the first section, the essence of detention and the principle to follow are introduced from the internationally agreed angle in order to get rid of the early mistakes and re-recognize the essence of detention, so that a macrofoundation for systematic design can be lie.In the second section, after studying the regulations on detention of western countries, we could have a sense on the aspect. In other words, all the investigative bodies whether in the Anglo-American law system or in the civil law system, must be inquired by the neutral third party before they detain criminal suspects. Even under the emergency, the interlocutory detention must be reported to the judge without any hesitation and then inquired by him.In the third section, the author analyze the criterion of the judicial inquiry from the rational provision. Firstly, the requirement of procedural justice, next comes the consequence of the balance of powers, and the third is the litigation idea focusing on punishing crimes as well as protecting human rights. Last comes the influence of enforcing the principle of presumption of innoncence among various countries.In the fifth section, the author boldly devices the regulations on the issues of judicial control by using more than 8000 words. To begin with, judge is the very subject of jurisdiction instead of the People's Procuratorate which act as a prosecuting body. Furthermore, the article analyzes the objects of jurisdiction in details, including the substantive requirement for detention. Next comes how to use the jurisdiction on the angle of procedural initiation and operation. Lastly, some conclusions are drawn on the rights of detainees.Last but not least, on the provision of detention, this paper try to push the reform of pretrial procedure and furthermore draw the public attention on the fate of criminal suspects during such procedure.