The Study On Chinese Pretrial Detention System

The word Detain has a long history. There are kinds of detained phenomenon fromancient to modern and contemporary time; it is the deprivation of the freedom of theperson. Pretrial detention is a kind of criminal compulsory measure which points alimitation and deprivation of the freedom to the criminal suspects and defendants; it is toensure the effective of the criminal lawsuit activity before the court make a guilty verdicteffect of the criminal suspects and defendants. Therefore, there is important theoreticaland practical significance to strengthen the study of the system of Pretrial detention. Theregulation and perfection of the system of Pretrial detention is not only to punish thecrimes and also to safeguard the human rights, it will produce realistic and far-reachinginfluence.On the basis of the deep research of the system construction of Pretrial detentionathome and abroad, first of all, this paper has given a macro overview and introduction ofPretrial detention system, including the concept, characteristics, purpose and meaning ofPretrial detention system. Second, this paper uses the historical and comparative methodsto analyze the construction of Pretrial detention system in English and civil law countriesall over the world today, including the system construction of Pretrial detention, theprocedural limitations on the term of the provisions of the extension, and its place ofdetain, set of the detain, the rights of the detained person, the judicial relief and alternativemeasures and so on. Finally, this paper makes a prospective research of the presentsituation, causes and perfection measures of Pretrial detention system in our country.Pretrial detention includes three stages, namely investigation phase, sue phase and thetrial phase of detain. Pretrial detention reflects the relationship between the person andnation and the power and the right; and also reflects whether the civil rights have beeneffectively guaranteed and the national level of the rule of law. Pretrial detention system isa regulation and summarization of the research and construction of Pretrial detention in acountry. There are three chapters in this paper and three aspects are analyzed respectivelyas followed: the first chapter is about the basic introduction of pretrial detention, includingthe meaning of Detain; the definition, characteristics, and the principles of Pretrial detention. The second chapter is about the comparison and research of Pretrial detentionsystem in foreign countries; and to summarize the common generalities and characteristicsof different countries for the thinking and using of reference for our country's existingPretrial detention problems. The third chapter is to give a consideration of the presentsituation of our country's existing Pretrial detention system; and to sum up the defects ofexisting Pretrial detention system in our country, the reason of the existence of defects andthe basic train of thought of construction of Pretrial detention system in China. We mustimprove legislation, change the old-fashioned ideas, absorb and learn advanced andexcellent theories from foreign countries and combine them with the reality of our nationalpresent conditions, make a perfection and reformation of Pretrial detention system.