Criminal Detain Deadline Extended Questions Research

Along with the national modernization construction of the rule of acceleration, the countries of the criminal litigation in legislation, everyone started to more and more value to detain deadline system, especially the extended custody system of laws and regulations. The criminal procedure law of our country lawmakers established basic investigation detain deadline, and design the extend custody system designed to get most cases in the basic investigation detain deadline investigate terminative case while maintaining a complex, forensics difficult major, complicated cases can have plenty of case handling time.Extend criminal custody for smoothly criminal lawsuit activity is very important, China also attached much importance to extend custody of investigation work positive meaning. First, it helps to investigators strive for more time to ascertain facts of a crime. Because suspects and defendants is important evidence and evidence sources, through the custody the defendant, can obtain confession, and through the confession search other evidence of criminal suspects. At the same time, they could evidence preservation, prevent criminal suspects, defendants tally their confessions and destruction, forgery and disrupting the witnesses. Secondly, can prevent criminal suspects, defendants to escape detection and judgment, through continuous extend custody, suspects and defendants also lost it again new crime, suicide and harm social skills. Must be strictly deal with extended detain deadline cases, The procuratorial organs have affairs, Prompted the investigation organ perform their duties according to law, timely end investigation of cases, avoid improper or illegal custody, reduce the long-term infringe the criminal suspect legitimate rights and opportunities, promote justice, ensure the fairness and justice is done, In order to maintain good social orderBut from the current legislative and judicial practice, our country's criminal custody system extension problem many defects in jiangxi province, the author extend criminal detain deadline present situation investigation, find legal concept definition not clear, prolong the conditions prescribed unknown, review restrict form superficial; detain deadline extended flexibility, with uncertainty and cannot predictive; extend detain deadline failed to reflect the principle of proportion, accountability mechanism and right safeguard mechanism vacancy, etc, these serious problems affected our country's criminal procedure smoothly. standing in the maintenance of law and justice, from the standpoint of the criminal suspects and defendants to protect the legal rights of angle, the author to present criminal detain deadline extended problem with some suggestions:will detain deadline legislative regulations separate; and stylized delayed substantiate proper determine the longest detain deadline, establishing quasi judicial review mechanism, establish detain deadline inform system, perfect custody of relief system; establish violates extend custody system sanctions.