Pending Custody Administrative Confirmation Issues In The Research

This paper analyses the administrative legal attribute of the pretrial detention besides the jurisdiction of the pretrial detention, focuses on the analysis of the administrative functions of pretrial detention,suggests the pretrial detention itself as a kind of public right, there are many reflect in actual judicial practice.The legal property of administrative pretrial detention reflects in four aspects, first of all, executive and administrative activities of the pretrial detention are closely linked, pretrial detention activities are still feature in the operation of administrative right. Second, pretrial detention system settings in order to prevent the suspect crime again, or collusion, hiding evidence, escape or Dutch act of hindering the criminal detection behavior, to lay a good foundation for the effective use of the right of penalty. Third, pretrial detention reflects the will of the nation, its validity is proved by self. Behavior of pretrial detention is a specific meaning for the administrative subject. Finally, the behavior of pretrial detention may not be sued. The criminal pretrial detention activities and administrative behavior are closely linked, it will often bring certain impact on the established procedures.the stop function of pretrial detention is administrative features of a typical operational efficiency, the requirements of nation power.This paper discusses the positive meaning of administrative confirmation of the pretrial detention, it is a necessary means to realize the management function of the government.. The government implements the management of the of social order through administrative confirmation. The government establishes and maintains the ideal social order through the implementation of the law. as an important means of government management, pretrial detention of administrative confirmation which has positive significance to the administrative organ and the judicial organs of the management activities, and in the range of influence of relevant laws, regulations and standard operation.The pretrial detention of administrative confirmation could limits the power abuse of investigation organs, the application of the rule of law in our judicial investigating practice is not in a high degree of judicial review of the law,there is no judicial review on pretrial detention,it can prevent the abuse of power of investigation by the executive authorities of the investigation act forensics legality of legal facts, legal nature and legal consequencesThe pretrial detention of administrative confirmation is helpful to reduce the cost of justice, it can protect the innocent people from judicial investigation.Administrative confirmation pretrial detention can request the state public protection, for the individual in the society the public relief and provide the basis, it also can reduce the transaction costs between the members of society. The pretrial detention of administrative confirmation is conducive to standardize the judicial order. The protection of the pretrial detention is not subject to the investigation against excessive. Administrative confirmation can make the pretrial detention and criminal investigation organ of the legitimate rights and interests to obtain legal recognition.In view of the scope of administrative confirmation of the standardizing in the complicated, the paper selects the typical traffic accident, criminal responsibility identification and custody pending administrative confirmation in health examination, demonstrates the traffic accident report as a kind of legal evidence, it shall be a subject to judicial review. From the reliability and outstanding collection of evidence custody account of individual cognition, it should ensure the public nature of the assessment of criminal responsibility appraisal organ. The paper also describes the pretrial detention health examination belongs to the pretrial detention person’s legal rights, legislation should be confirmed, initiative let detention authority to administrative confirmation way play a supervisory role in criminal proceedings. On the one hand, guarantee the pretrial detention personal rights are not violated; On the other hand, the supervision and restriction of criminal trial process is effectively curb torture to extract confessions.This paper also proposed the limitations of administrative confirmation of the pending custody, but it also points out that the pretrial detention administrative confirmation should be perfected, should by determining the pending custody places neutrality, pretrial detention in custody during the performance will be put into the plot and ensure pretrial detention period relatives visit right to promote and improve the criminal investigation, prosecution and trial order sentencing, to ensure that the link in the criminal procedure to implement the criminal policy of combining punishment with leniency, speeding up the process of governing the country according to law smoothly.