Study On Term System Of Criminal Detention

As the statutory time limit that the specialized agencies must comply with when limitcitizens’ personal freedom in emergency situations, Criminal detention term is of greatsignificance to ensure that the suspect, the defendant appear in court to prevent its continuingoffense, to collect and preserve evidence and achieve the purpose of punishingcrimes. However, the Constitution spirit of protecting human rights decides criminal detentionperiod must be reasonable set and implemented strictly, so as to prevent the personal freedomof individual citizens be unduly violated. To this end, the criminal detention term systembecome one of the main content that need reasonable regulated the system of criminalproceedings compulsory measures. The paper hopes to put forward specific recommendationsconducive to reform and improve our system of criminal detention period through thecomparative examine of the world criminal detention system and the empirical analysis of thecriminal detention period system in our country. The thesis is divided into four parts:The first part describes the basic concept of criminal detention term system, the basicprinciples of setting criminal detention term system and the basic functions of criminaldetention term system.According to the world law experience, the system arrangement ofcriminal detention term must follow three basic principles of procedural legal principle, theprinciple of proportionality and the judicial review principle. The basic functions of criminaldetention period is to improve the detection efficiency and protect the human rights.The second part expand the extraterritorial criminal detention term system inspectionthrough the comparative perspective. By comparative analyzing representative criminaldetention duration of the continental law and Anglo-American law,and introducing regionalconventions and international conventions relating to the time limit of restricting personalfreedom, which summed up four general characteristics in the extra-territorial criminaldetention term system of statutory, transient, judicial review and transition.The third part analyzes the main problems of the criminal detention term system and the reasons for the existence. The main problems of our country manifested in that the legislativesetting term in criminal detention is not clear, and lack of system, the investigationorganizations in the implementation of term system often take alternative means of indirectoffence, the consequences executing illegal detention period and substantive relief measuresin detention are always blank. The main reasons of these problems performance: First, thefundamental policy of maintaining social stability order; second, the traditional guidingideology to be rough rather than detailed in legislation; the third, the weak concept of humanrights and procedural justice;the fourth,the investigators’ occupation habits and case pressure.The fourth part attempts to put forward reform measures for the criminal detention termsystem of our country. The paper sets out from three needs,including the human rightsprotection, the building of a country ruled by law and the conforming to the internationaltrend of development.It emphasizes the reform necessity in the criminal detention termsystem. The present criminal detention term system reform and specific improving measuresincludes long-term measures and its shortly-implemented measures. Long-term measuresrefers to the pretrial restrictions on personal freedom of citizens of the criminal coercivemeasures divided into three levels：types of arrest (alternative of " detention"), custody,custody of alternative measures.According to the legislative experience from other countries,the investigative organizations arrest suspect in the long time rigidly defined for96hours. Inthe near future, the author put forward measures from two angles of the legislation and lawenforcement. These measures mainly include: the legislation deadline should be set legal andclear, systematic and integrated, and there’s a must to perfect the related mechanisms; lawenforcement requires that specialized organizations should strengthen the basic concept of theprotection of human rights, the strict application of criminal detention time, and the constantlyelevation of the ability and quality of case-handling personnel.