On The System Of Time Limit Of Custody In Our Country

Punishment of crime and protection of human rights are two indivisible aspects of thepurposes of criminal proceedings,Most of the contemporary China ’s judicial activities focusonly on the punishment of crime, protection of human rights, particularly the protection ofcriminal suspects and defendants of the legitimate rights and interests are ignored,Thisoutstanding performance in our long-term existence of a large number of extended detentionand illegal detention.The reason for this is mainly that there are many problems in theCriminal Law of detention system.This article is intended to analysis of the custody timelimit system of our country, and examine the the extraterritorial main country under the ruleof law to the relevant provisions of the custody time limit system,on this basis pointing outthat the detention of the main problems existing in the period of the system in China,thenproposing to improve the vision of China ’s detention period system,and also hoping that thedevelopment of the interests of the protection of criminal suspects and the accused isbeneficial.This article body consists of four parts.The first part is an overview of the system ofdetention period.This paper first discusses the basic meaning of custody time limitsystem,then analysis the custody of the basic characteristics of the period of the system,thedetention period is statutory, the proportionality, independence and change the nature.Onthis basis, presents specification of the meaning of the detention period system.First, thedetention period will help protect the basic human rights of the Defendants.Second, anypower may be alienation, the potential for abuse,detention period can restrict publicauthority.Again, the limited period of detention will bring a sense of urgency to thejudiciary,then may prompt the relevant judicial officer within the statutory period ofdetention as soon as possible to complete the appropriate judicial work, thereby increasingthe effectiveness of the proceedings.The second part is the detention period of extraterritorial state under the rule of lawsystem of examining.This paper introduces the detention period system requirements in theUnited Kingdom, the United States, Germany, France, Italy and Japan,there are some samepoints and some differences in the provisions of these countries.Common aspects of detentionsystem in the country under the rule of law that reflects the basic spirit of protection of humanrights,on the specific system design, most of the provisions of the maximum detention period,demarcated according to the seriousness of the offense of detention,the court ultimatelydecides to identify and extend the detention period,while giving the rights of detainees perfectrelief; For the differences,common law countries, the traditional case-law is the key,at thesame time a large number of bail is applied,relative to civil law countries, there are notmany legal provisions on the detention period in common law countries.In civil lawcountries,France has a special care for minors, and strictly limited the time of the detention ofminors.The third part of a detailed analysis of the custody time limit system of the mainproblems in China.The first is that the detention period and the deadline for handling are notdistinguished, then extending detention applicable time limit;The second is that amisdemeanor and a felony detention period are not distinguished,not highlighting the basicspirit of the principle of proportionality;The third is that it is not a limit for the maximumdetention period;The fourth is that it is free to extend the detention period，and it is lack ofjudicial review mechanism for the extension of detention period;The fifth is that it is lackingto detention period of relief right.The fourth part presents concrete ideas to improve China ’s detention period system.Thefirst is to change the concept of the litigation,to attach importance to human rightsprotection,to establish and implement the presumption of innocence;then improving thedetention period system,The first is to distinguish the detention period and the deadline forhandling;The second is to set the detention period respectively according to the misdemeanorand felony,in order to reflect the basic spirit of the principle of proportionality;The third is tolimit the maximum detention period;The fourth is the clear statutory conditions to extend thedetention period;The fifth is to establish a custody time limit judicial review system;The sixthis to establish periodic review mechanism of the detention period;The seventh is to establishspecial detention period applicable to minors;The eighth is to establish accountabilitymechanisms of the violation of the custody time limit system.