Study On Pretrial Detention System In China

The pretrial detention system is a measure to guarantee the criminal activities such as investigation, trial and execution of punishment, to temporarily confine or deprive the personal freedom of the criminal suspect by the judicial office before the court. Such measure can not only effectively guarantee the criminal procedure underway, but easily infringe the rights of the prisoner awaiting trial. The proper establishment, fair performance and effective supervision of the pretrial detention system determine and reflect the legitimate degree of criminal justice and level of human rights protection of a country on the whole. Therefore, all countries have stipulated strict and discreet regulations for the pretrial detention system.At present, the pretrial detention system in China still has many problems, which needs to be further solved and improved. In terms of legislation, unscientific orientation of the judicial review, mixing of capture and custody, as well as vacant replaceable measures leads to high relevance factor of the pretrial detention system. The reason why the extended custody and serious extortion by torture and the difficult realization of detainee's rights is that the establishment of location, procedure and period pretrial detention system application is unreasonable, and the punishment mechanism on violating the pretrial detention is in shortage. The poor supervision channels also contribute to various problems. Although our legislation attaches great importance to protecting the rights of the detainee in recent years, the system design of pretrial detention still centers on examining the case fact and guaranteeing the judicial proceedings. The strength on protection of the detainee's rights and judicial relief is still not enough. However, these problems directly link with human rights in criminal action, and even judicial justice.Therefore, the reform of pretrial detention can be classified into the reform of criminal action. In the meantime of learning from advanced experience, we should consider the needs of environmental law and criminal actions in China, to focus on separation of pretrial detention and arrest, and to regulate reasonable detention standards by legislation. Based on this, the judicial review system with judges' review as the main part is constructed, and the reasonability of detention is examined and reviewed by impartial judges through hearing of evidence and written procedures. On the basis of constructing scientific review system, the executive procedure of pretrial detention is standardized, and the house of detention is separated from public security organs, to define its neutrality, as well as the review procedures of detention period and delaying, and regulate the legislation. To better relief the rights of detainees, the rights of reconsideration and indemnity should be granted; moreover, the supervision on pretrial detention should be strengthened, which emphasis on the supervision to house of detention. Meanwhile, it should also clear the supervision channels for lawyers and media. At last, the replacement measures for detention should be consummated, especially the establishment of bail system being suitable to Chinese situations, to enhance the application rate of this measure and lower down the application of pretrial detention.To sum up, the reform and perfection of pretrial detention system is a long-term and harsh task, which involves the transformation of criminal judicial concept and the adjustment of power and responsibility in different departments. It may not reach the goal in one step. It needs the research and thinking of scholars and the perfection of judicial practices, as well as the learning from advanced experiences and Chinese situation and judicial practice, so as to construct the pretrial detention system with Chinese characteristics and accord with the judicial needs or the mass.