Extended Detention Study

This text regards overtime detention as the research object, at first, have explained that essence is a kind of breaking the law , criminal offence to overtime detention. The characteristic of the behavior is the breaking the law, the subject is specific, encroach on the complex and malfeasance of the object to overtime detention. Can be divided into and overtime detention definitely , overtime detention relatively to overtime detention with the recessiveness according to time limit for the desirability of studying. Can be divided into and investigated the procedure , examined the overtime detention of the prosecution procedure and judicial procedure according to the criminal contentious procedure. Secondly , have described the current situation overtime detention, and summarize it to endanger, our country overtimes detention the phenomenon is extremely general, have overtime detention rate higher, exceed the time limit time limit longer , more difficult characteristics of eliminating etc.. The danger overtime detention can be divided into and endangered directly and endangers indirectly, destroy the contentious procedure , waste judicial resources and personal democratic rights of infringing the suspect, defendant to belong to and endanger directly, and it endangers two indirectly, first, to the legal idea and danger of the basic principle. Second, has encouraged another persisten ailment of criminal suit -Breeding extorting a confession by torture. There are multiple reasons in the production overtime detention, have already had a reason of the society, there is a reason on legal system aspects too. Idea lagging behind , doing wrong to serve one's friends or relatives and judicial corruption ,etc. not strict in enforcing the law, enforce the law, the direct, superficial reason to just overtime detention, and deeper reason, lie in our country's traditional feudal legal culture is deep-rooted , value the national benefit and collective interests excessivly, and ignore the individual interests. It is difficult to form the pluralistic cultural idea of value, cause the legislative idea of criminal suit to still remain in lower level governed by law of era of the inquisitory procedure way. Criminal suit value and purpose are still in safeguarding public interests, guaranteeing country's, society's security and ensuring prosecuting the such a low-grade aspect of harmony of the activity. "Heavy entity. Procedure tool doctrine thought...