Criminal Detention System

Criminal detention,a criminal coercive measure to deprive of criminal suspect’sfreedom emergently and temporarily in the specific conditions. The basic featuresinclude: protective, non-punitive, urgent, severe and temporary. Its main functionsinclude: security function, protection function and education function.Criminal detention is suitable for active criminal and major suspect, and theapplicable condition should be referred to the seven kinds of situations in the61thregulation of "Criminal Procedure Law". Besides, Criminal detention shall follow theprinciple of fairness, principle of proportionality, principle of timely change ordischarge of liabilities, and principle of judicial review.Currently, there exist some problems in China’s system of criminal detentionsuch as arbitrary purpose, arbitrary object, arbitrary duration, arbitrary review andarbitrary supervision. In the practice of criminal detention, lack of relief mechanism,objective and nothingness of internee’s relief rights and son on which has given rise tothe improvement of judicial relief in criminal detention.The system of criminal detention, as a segment of the system of criminalprocedure, shall be improved by perfecting legislation and strengthening supervision.For perfecting legislation, firstly, is to perfect the criminal detention conditions,which is mainly to make the standard of criminal detention, the approval or decided ofauthorities and procedure, and the executive authorities of criminal detentionadjusting clearly. Secondly, is to perfect the site of criminal detention which should beneutral. Thirdly, is to perfect the mechanism of intervention by lawyers, such as toimprove the lawyer’s intervention time, the mechanism of allowing lawyer to meetsuspect, and the system of legal aid. For strengthening supervision, firstly, we shouldstrengthen the self-supervision of investigation organizations and the supervision ofdifferent investigation organizations in the same system. Secondly, we shouldstrengthen the special supervision of the People’s Procuratorate, the pertinentsupervision of the People’s Procuratorate. Thirdly, we should strengthen thesupervision of party concerned, deputy to the People’s Congress, member of theNational Committee of CPPCC, lawyers and other special group.