Criminal Detention Measures Study

Criminal detention provision is a very important one in national constrait system. For the reason of history, lawmaking and actuality, many problem arouse in the use of criminal detention. These problem lie in prolonging of the detention term, the tooled detention ,lacking of judicatory controlling and almsgiving, the recalculating of detention term. These problems are not only helpless to strike crime, but also influence its exertion to protect human rights. Combining some typical cases, the paper tries to analyze some problem from the aspect of practice, and on the bases of this, this paper discusses the issue of perfecting criminal detention regulate further in the academic way.The main idea of the paper is to analyze the status of Chinese society and economy, of criminal crime, of the integrate condition of the spy branch, of the criminal physical and programming law-making, of the thought of masses. This paper make full use of the law-making experience of developed countries and clearly find the combining point of china and the developed countries. This paper is composed not only based on the situation of the country, but also fully use the advanced theory to guide practice. The paper tries to put forward a theory not only useful for strike crime, and also useful for to protect the human right.The detailed propose of the paper is to found the advance check system of china suit to the situation of the country starting with perfecting the register step. The paper suggest it should change the integrated criminal summons to a new one, and should limit the term in 24hrs ,48hrs especially. On the bases of this, the paper suggests to make it more stricte the condition of criminal detention, to shorten the term of criminal detention, to strengthen the judicial review and judicial armsgiving setting a particular room. The paper try to fetch up the criminal retention system that is to make full use of the important function to beat crime and protect human rights.