Construction Of China's Outstanding System Of Judicial Review Of Detention

As a kind of the strongest compulsory measure, pretrial detention not only concerns personal freedom of suspects and defendants, but also reflects the level of a country's legislation. In order to control the use of pretrial detention and supply judicial relief for suspects and defendants, modern countries all establish the judicial review system of pretrial detention. But China doesn't establish the judicial review system of pretrial detention .This is a big defect of our country's pretrial detention system. The author first analyses the concept and theoretical basis of judicial review system in pretrial detention, then examines the judicial review system in the West. After that, the author analyses the defects of our country's pretrial detention system and the feasibility of establishing our country's judicial review system. At last the author puts forward the thinking about establishing the judicial review system of pretrial detention in China.Besides the introduction and conclusion, the present paper consists of five parts.Part Ⅰ first defines the concept of judicial review in pretrial detention, and then points out the judicial review of pretrial detention is an important part of criminal judicial review system.Part Ⅱ analyses the theoretical basis of the judicial review in pretrial detention as follows: (a) the theory of division of power and authority ;(b) the principle of human rights protection ;(c) the presumption of innocence theory ;(d) natural justice principle and due law process principle.Part Ⅲ conducts a preliminary examination on the legislation and application of the major West Country, including England, American,...