The Research On Pre-trial Detention System Of China

The purpose of pre-trial detention is protecting the procedural justice of criminal proceedings and preventing the possibility of the suspect harm to society. Pre-trial detention involves both the Protection of suspects and the judicial supervision; it is an unavoidable topic in Legalization process. Foreign countries prefer protection of human rights more than crime punishment, so they design strict conditions apply of Pre-trial detention and evade the procedural justice of pre-trial detention in both legislation and judicature. This article is based on the basis of the theory on pre-trial detention, considering the causes of problems on pre-trial detention system in China, learning the Pre-trial detention of foreign countries, aiming to design pre-trial detention with Chinese characteristics. The article consists of four parts, except the introduction and epilog.The first chapter is about the basic theory of pre-trial detention system. This part discusses the definition, objects, features, the basic principles and review process of pre-trial detention. Seen from the definition and purpose, pre-trial detention is a restriction of personal freedom of detainee’s measures generated by the coercive measures, to protecting the procedural justice of criminal proceedings and preventing the possibility of the suspect harm to society to safeguard the conduct litigation activities. The features include mandatory, affordable, punitive and exceptions. The aim is protecting the procedural justice of criminal proceedings and preventing the possibility of the suspect harm to society, at the same time, it can only be an exception. At last, I introduce the review process of pre-trial detention.The second chapter is the existing state of affairs, problems and causes of pre-trial detention in China. By showing the applicable conditions of pretrial detention, the rights of detainees, detention period and place and relief of pre-trial detention in China, we reveal the problems like:A small amount of Non-custodial coercive measures Apply causes high custody rate; The main body of pre-trial detention are lack of judicial characteristic causes the lack of neutrally; The unclear setting of legislation causes refueling time too long; Chinese legislative values more emphasis on punishing criminals causes the failure of oversight and relief programs.The third chapter is about the comparative study on pre-trial detention in foreign countries and China. Through comparative analysis of pre-trial detention system of foreign countries, summarized the general situation of extraterritorial detention system:The main body of custody reviews, conditions of detention, detention period, remedies and arrest detention relations. On one side, the review body is mainly the judges, on the other side, there’s a time limit of pre-trial detention in foreign countries. The remedies are diversity and cover the entire proceedings, the arrest and detention is independent, detention is only an exception in foreign countries.The last chapter is the improvement of pre-trial detention in China. The key of improvement is concept and system. We should learn from the pre-trial detention in foreign countries, improve the concept, main body reconstruction, specification custody procedures, establishment of monitoring mechanisms relief, improving the pretrial detention supporting mechanisms.The review body can only be the judges, improve the time limit and relief mechanism to insure the procedural justice of criminal proceedings of Pre-trial detention in China.