Reconstruction The China’s Pretrial Detention System In The Vision Of Protection Of Human Rights

Pretrial detention refers to compulsory measures, it means before the judgment of the court, the public security organs sent the criminal suspects or the defendants to the detention center for a period and restrict their personal liberty in order to ensure a smooth investigation and prosecution of cases. Pretrial detention system is to ensure the smooth conduct of the criminal proceedings, it does favor to the punishment of crime and guarantee he social order. While, since the backward of the concept, the deviation of the implementation process and flaws of system design, Pretrial detention system what designs to punish crime and protect human rights violated the rights of the criminal suspects.It violates the sprit of human rights in the Constitution and ruling by law in our country as well as building a socialist harmonious society. Therefore, it is necessary and urgent to study the phenomenon of illegal detention, conservation status of human rights of the pretrial detention system.Except the introduction and conclusion, the paper is divided into four parts. The first part gives the overview of the detention system contains the concept of the detention,nature and function, the difference between detention and related concepts as well as the history of detention and other aspects. It introduces the substantive rights and procedural rights of the criminal suspects, as well as the necessity of the protection of criminal suspects’ rights. The second part summarizes the disadvantages of detention system violating the human rights on the basic of detention and protection of human rights, and further analyzes the reasons leading to the flaws of detention system. The third part through the comparatively study of the civil law countries and common law countries on detention system’ advanced concepts and rewarding experience to find out the enlightenment making the detention system towards human rights protection. Finally, we propose the basic principles and effective measures on the basis of the summary of real problems and learning from the advanced experience of foreign countries, and put forward some suggestions for constructing a good detention system in our country.