Criminal Detention Limit The Applicability Of Study

Criminal detention is an important part of the criminal compulsory measures in the criminal procedure system, though current criminal detention of china is not a separate criminal coercive measures, but it is still involved in all aspects of the criminal proceedings, The reform of criminal detention has significant influence in the criminal proceedings and even the whole litigation system. The Code of Criminal Procedure has been amended twice in1996and2012, in the past20years, many legal institutions of the reform process have caused fierce conflict in academic and practical departments, criminal detention system is no exception. In fact, theorists and substantive attach great importance to the issues such as criminal detention being applied too broadly(high detaining rate)、the lost of human rights protection which have always been criticized in criminal custody, the academic discussion of theory is warmly, the reform and innovation of practice is numerous, theories and practices affect each other, actually promote the Criminal theoretical research, advancing our judicial work, the new amendments to the Code of Criminal Procedure that is responded achievements.However, as everyone knows, the reform of the judicial system moves slowly, a lot of problems need to be solved, the design and modification of the system is extremely easy. On the one hand,It has the impact of social background, from the reality of the country, such as the judiciary, judicial officials qualities to emotional and cognitive of the ordinary people, from criminal law enforcement environment to the social acceptance and inclusiveness will affect the process of reform or reformation achievement. On the other hand, the reforms exist various power games, the final result is also the current powers balanced, and is not the best solution. So is Criminal custody system reform that as one part of our country’s judicial system reform. Although the custody measures of the reformed Code of Criminal Procedure has been modified and perfect, but whether these new measures can realize their value in the judicial practice and achieve results still worthwhile for us to explore、study, which is the motive and goal of this article.First, let me clarify the procuratorial organs is still one of the principal organs to control criminal detention in the new Criminal Procedure Law, at the same time, whether the modification of the Code of Criminal Procedure can have a positive effect in a criminal detention restrictions apply, procuratorial organs are important. So this article is mainly through the role positioning of the procuratorial organs, institutional design to achieve a restricted apply in criminal detention, such as procuratorial organs in order to adopt to the requirements of the new Criminal Procedure Law which in the necessary custody review of the before and after arresting. Give the Criminal custody necessity review a lawsuit characteristics, build a mechanism that has mechanism antagonistic features, form custody necessity review judicial procedure, thus realize the criminal custody restrictions apply. Based on this, this paper first chapter analysis the exsiting criminal custody current situation and problems, mainly from the perspective of practice custody to see the status quo of the problem, reform efforts and disadvantages custody. The second chapter mainly from the comparative law perspective, to compared the foreign custody system and our country custody system, in custody for the purpose of legitimacy, custody of the control program for judicial sexual action to realize custody limit applicable; The third chapter, the fourth chapter mainly on the above analysis, foe the custody reform measures in the new revised criminal proceedings, establish and improve the capture before and after catching custody necessity review mechanism, so as to realize the criminal custody restrictions apply.