A Study Of The Detention

Detention is an important part of our criminal justice process, and thus theimplementation of the pending custody has a direct impact on China’s process oflegalization and it also embodies the much attention devoted by the law of CriminalProcedure to the civil rights. But for a long time, the theoretical basis, the currentsituation and the problem concerned haven’t received intensive study in legalinterpretation. As a result, many problems, including detention "arbitrary", "long-termdetention, and the confusion of deadline for detention and for handling, arise in thejudicial practice. In recent years, many scholars began to pay much attention to therelevant problem.This paper is divided into tree parts in analyzing detention.The first part analyzes the current Situation of China’s detention system, thereflection of the situation and its causes. By explaining the applicable procedures,reasons, period, remedies, and the basic problem of the enforcement measures, thepaper expounds the features of the detention in China, followed by the reflectiveevaluation and its weakness. The above study offers the possibility of solution.The second part is a general view of the detention system in foreign countriesand its advantages. The study of the "independent" judicial review, the judicial review,the judicial relief and the allocation in proportion to the principle of custody in thedetention system of foreign would be of great value to the perfection of custody inChina. The comparative analysis also leads to the reasonable suggestion to the reformof our detention.The third section first advances some ideas on the reform of the detention inChina, and then analyzes its feasibility and possible institutional obstacles. This part,based on the position of the rule of law in criminal proceedings, suggests the basicplot and the potential barriers. Then the part explores the difficulties that the reform ofthe system would encounter in China in the fields like constitutional system, judicial system and the structure of litigation.The purpose of this article, as far as possible, is to discover and expose theproblems in the legal system. In essence, the solution of the issues relies on the reformof the judicial system and the updates of our legal concepts.