On The Restriction Of Powers Of Detention

Prolonged detention is a long-term "disease" of the criminal practice in our country. It's also extremely concerned by scholars and the general public attention. From the reason and problems described in practice, we can see that the root of the prolonged detention is that we have no effective restraints. It's abuse of power. "It's an eternal experience that all the people who have the authority is tend to abuse the authority." From this angle and the theory of the authority restriction, the author compares the difference among the authority restriction system in foreign countries. The author believes that the two legal systems have the environmental condition to establish the judicature examination system. However, the two foundations of the justice (democracy and the folly free of the public report) are not completely realized now in our country. The establishment of the judicial examination system can't fundamentally solve the problem. On the contrary, it may bring many negative influences. From the success experience of the West Country, we can see that to restrict the authority by the society can solve the problem. It's also the way to realize the democracy.This thesis is composed of four parts, except for introduction, and the main content is as follows.Part I The rationale of the restriction of the prolonged detention. Prolonged detention is that the conducting bodies continue to take the suspect or the crime into custody after the legal deadline. The author considers the characters of the prolonged detention conform to the illegal detention. It brings much harm. It not only seriously infringes upon the human rights of the suspect or the crime and hinders the realization of the judicial justice, but also brings unstable factors and affects the efficiency of the procedure. From the reason and problems described in practice, we can see that the root of the prolonged detention is that we have no effective restraints and the authority is abused. So we must take the authority in control. The author discusses three ways of the authority restriction: to check power by power, to check power by right, to check power by the society.Part II The comparison among the power restriction system. In this part, the author simply introduces the detention system of the two legal systems and takes...