The Study In Procuratorial Supervision Of Pretrial Detention In China

In recent years, the irregular death events in house of detention happening repeatedly. Meanwhile, illegal detention, detention beyond the legally prescribed time phenomenon exists generally, has became an outstanding and difficult problem in our criminal judicial practice field. It is not easy to solve these problems just from find solutions in the detention house. The constitution gives China procuratorial department special legal supervision power, this supervision of detention before judicial action is accord with the goal of constitution for protect human right, and it is not only the reflection of judicial resources equilibrium configuration, and it is also the reflection of restricting power. We can have a second defense line for enforcing law in a fair on condition that there is a good supervision and restriction mechanism. Procuratorial supervision of pretrial detention should ensure a good preventing function, what's more, it not only embody correcting function in cases, and also has the function of afterwards relieving function. From the current procuratorial supervision conditions of pretrial detention in our country, especially in the legislating field, lacking of maneuverability terms impeded the implementation of supervising rights of procuratorial institution. In the goals of related system, lack of the effective system for ensure supervising under normal working, using the way of excessive arrest, coercive measure of detention to control criminals in order obtain the social stability is deserve reflect. From the staffs of procuratorial institution, there should be a urgent improvement of ability and quality of the law enforcement of procurators. For all these reasons, the author suggest to complete the relevant provisions of the detention and arrest as soon as possible, and work out "law of procuratorial supervision"to support and strengthen legal supervision function from supervising law, meanwhile, promoting"Detention regulations" can make sure procuratorial supervision work have legal guarantee. In addition, completing relevant supporting system and make it according to the provisions of the legislation (such as: establishing turnover mechanism for the staff in procuratorial supervision to ensure the quality of supervision, establishing a rational the defendant, the criminal suspect complaint mechanism, ensuring a good supervision in dealing with cases, etc).In the last place, strengthening the law enforcement idea and law enforcement quality of relevant law executor, putting protect human rights as center, ensure the practical power of supervising pretrial detention, and improving the current problems of ill supervisory.