From The Perspective Of Criminal Law Extended Detention Phenomenon

The custody is not a kind of independent compulsive measure, because it's the inevitable consequence which will be brought to defendantsand suspects who are due to custody and arrest. The deadline of custody subordinate to the detention and the arrest legal time bounded.It is a compulsive type to restrict one's freedom at statutory place. In fact, different departments are unable to takes into custody separately when deal with a case. Each department has to last the state of custody after it is former one has adopted it. Extra-custody means the people's court,the People's Procuratorate or the public security organ defends custody department the defendants and the suspects in a period longer than the legal term, which is a infringing to the right of the defendants and the suspects, when dealing with such kind of cases, actually.The extra-custody, is refers to the people's court, the People's Procuratorate or the public security organ, the security agency moves at the criminal prosecution, when handles to legally the suspect or accused person's case which takes into custody, surpasses legal takes into custody the deadline or legal handles a case the deadline to continue to take into custody the suspect accused person's behavior, it is essentially infrigement upon the suspect, the accused person personal rights. In fully understood the extra-custody in the concept foundation, we may act according to the different standard, taking into custody to the ultra time carries on the different classification: The absolute extra-custody with the relative extra-custody; The detection stage extra-custody ,the prosecution stage extra-custody, the trial stage extra-custody, the mixed typical extra-custody; The content typical extra -custody with the outside explicit extra-custody.At the present situation, our country extra-custody main performance is as follows: The extra-custody the phenomenon to be common, the distribution passes through to handles a case procedure each stage; The extra-custody the circumstance to beserious; The extra-custody the hiding strongly, the correction difficulty is big. The extra-custody lengthened the time which took into custody, the evident destruction bigger, the collection evident platoon doubting difficulty was also bigger. Initiates the extra-custody the phenomenon the reason, comes the dialysis from each different angle, first legislates on flaw; Next, the traditional law thought and backwardness lawsuit idea influence, does not conform to the criminal government by law requirement; Third, takes into custody system itself not to be imperfect, displays for not will take into custody the period and lawsuit period will carry on the strict separation, will be suitable on has free and randomness, the surveillance mechanism is not perfect and so on. The criminal government by law request safeguards citizen' s personal freedom basic right, but the ultra time takes into custody is one kind illegal to the personal freedom limit, it seriously weakened the Law of Criminal Procedure human rights safeguard function, enable the crime suspect, accused person' s to worsen in criminal prosecution weak status, to have the enormous hazardous nature: Seriously has encroached upon the crime suspect, accused person's basic human rights; Seriously has hindered the criminal prosecution efficiency, affected the criminal case to handle the quality; Seriously has affected the judicial authority, the destruction public to legal and the judicial trust feeling; Seriously has affected the national image, runs counter to with the international judicialtidal current;Increases settles a lawsuit the difficulty, is disadvantageous to is taken into custody person' s transformation.Compared to custody the system of US, England, France and Japan, the basis criminal activity government by law request, must solve the problem in our country which the ultra time takes into custody, must begin from following several aspects: Gradually consummates legislates, thin relevant law standard; Constructs conforms to the criminal government by law request criminal prosecution idea, sets up the right standard law enforcement view; Strengthens the system heavy construction take the criminal government by law as the criterion, and enlarges takes into custody the system procedure government by law construction, establishes the judicial examination mechanism and the crime suspect rights and interests relief system, gradually establishes the illegal evidence to remove the rule, strengthens each kind of society to supervise the mechanism and so on.The accessory punishment matter government by law angle embarks, took into custody the present situation to the ultra time to carry on the analysis, inquired into the initiation various aspects reason, proposed the concrete countermeasure. Must suspend as the judicature staff time the protection of human right at first, truly achieves for the people serves. And must know the law, understand the law, achieves has the law to depend on, has the law to have to depend on, the law enforcement must be strict, illegal must investigate, like this can guarantee the ultra time to take into custody the phenomenon gradually to reduce, until eliminates completely.