Pretrial Detention Of Our Country

Pretrial detention in criminal proceedings is a measure of depriving personal rights of criminal suspects and defendants before they are adjudged. Substantially pretrial detention is a conflict between national public power and personal rights.As criminal suspects and defendants are innocent before the conviction of the courts,the nation cannot punish and penalize them by national public power. So we should restrict and deprive their personal rights and freedom different from the sentenced offenders,as well as protect their personal rights and securities faithfully.Our national pretrial detention system has a lot of faults in suit conditions,executive agents,executive places and remedy system and so on. The main instantiations include that the executive agents and the rulings of remedy system do not have the neutral position so that the personal rights of criminal suspects and defendants cannot obtain effective protection.Besides, detention house is set in the public security organs,which means that the executive agents are the same as subject of detention.It is inevitable to have the phenomenon of torture and other violations of criminal suspects or defendants. In western countries, pending detention after a long time of development and reform, has developed a more comprehensive rules, with the basic viewpoint of take criminal suspects or defendants’ basic human rights seriously. By taking examples from the advanced experience of western countries, pretrial detention system should put the pretrial detention on the right position and reform the current judicial system to realize the neutrality and independence of jurisdiction. So is the right transform of the purpose of jurisdiction towards the right direction to protect human rights.This paper firstly introduces the fundamental theories with the emphasis of safeguard for human rights and presumption of innocence which are the basic of pretrial detention system.Afterwards,it introduces particularly the substances of our national pretrial detention system,including the subject,time limit,executive, the place of the pretrial detention system and the function of pretrial detention system.Compared with pretrial detention system in western countries whether in continental lagal system or common law system, we could get the characteristics of western pretrial detention system.The paper introduces pretrial detention systems in UK,the USA, German and Japan.We try our best to introduce pretrial detention system particularly from its subject,time limit, places and relief,etc.On the basic of drawing lessons from western countries,we could summarize the problems existing in our national pretrial detention system and the reasons which bring these problems.On the one hand, we should stick to the fundamental principals of laws without ignoring the rights of criminal suspects and defendants.We could not put the emphatic on the punishment toward the criminal behaviour.The main problems in the judicial system are the judicial independence and the common phenomena which violate the rights of criminal suspects and defendants.According to the existing problems in our nation,we should get to the points with reasonable and effective methods to reduce the violation to the human rights of criminal suspects and defendants.