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On The Issue Of Long-term Detention In The Criminal Procedure Law

Posted on:2008-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:X Y LiuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The System of detainment is to arrest suspect without ensuring he is guilty. The institution is a problem of violating human rights . the most serious problem is the long detainment, which has influence the justice of the Law, and is also the violation of human rights. The paper has four partsFirstly I begin with its definition and principle , analyze its legal disadvantage. including the leading ideal, its condition .procedure or the way of relieving ,the system has great issues .especially the long period of unjudged detainment which has influence our juridical honesty .Secondly I try to find the reasons of the serious problem on jurisdiction. Including juridical conditions, juridical tradition and juridical technical reasons.Thirdly, I analyze its basis of ideal. Including controlling national power and eliminate the theory of deducing guilty without judging.In the end, I manage to find the solution to it. That is on the basis of the constitution, change our traditional idea about it, and enhance the function of the Law officer, in addition to perfecting the system of criminal compensation and improve the stuff of the juridical officer and enhance the Law surveillance, only in this way, can we have our system of detainment effective and useful.
Keywords/Search Tags:detainment, human rights, national power
PDF Full Text Request
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