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The Perfection Of Our Pretrial Detention System

Posted on:2014-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:W Q ZhuFull Text:PDF
GTID:2246330398960087Subject:Law
Abstract/Summary:PDF Full Text Request
Pretrial detention is a legal regime taken by the public security organs and people’s procuratorate to the criminal suspect or defendant before the decision effected, in order to prevent the harmful to the society, protect the criminal suspect to infringe of the temporary deprived of personal freedom.It isn’t clearly stipulated pretrial detention system in our country. Custody is the result of the arrest,and arrested after the completion of the stage in custody,which result in a complicated situation with a lot of problems. Because of the situation like this, this article try to put forward suggestion focused on pretrial detention.Firstly, drawing out what is the pretrial detention system, and explicit basic concept and connotation of pretrial detention in order to have a knowledge of pretrial detentionSecondly, comparative analysis between different countries’regime of pretrial detention, and have a basic understand of its usage and application procedures, etc., in order to establish our own system of pretrial detention according to the actual situation of ourselves.The third part is trying to have a general acknowledge of the actual situation of our country, especially trying to focused on the problems we still face when the new criminal procedure law in2013had already published.Finally, the author puts forward some established ideas according to the specific situation in our country:a. In application aspects, we need to Separate custody and arrest. b. Detention should strengthen its own management, and we also need procuratorial organs to supervise execution of detention center activity. c. Improve the jail’s infrastructure. d. Establish a feedback system of detention house. f. Hearing procedure is necessary n the process of the pretrial custody of minors.
Keywords/Search Tags:pretrial detention, arrest, necessity review
PDF Full Text Request
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