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Pending Custody Necessity Censorship Research

Posted on:2015-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ChenFull Text:PDF
GTID:2296330452956358Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the Article93of the Criminal Procedure Code specifies the review of thedetention necessity. This provides a clear legislative basis for the review of the detentionnecessity. But this article is too general and lack of maneuverability in judicial practice. Itis necessary to learn from foreign about the review of the detention necessity andimprove the review of the detention necessity.In addition to the introduction and the conclusion, this paper is divided intofourparts.The first chapter makes a summary of the review of the detention necessity;Conclude the concept and nature of pretrial detention. Depth study of the theoretical basisfor their produceas well as a new piece of legislation on the provisions for enhancing thedegree of civilization of our criminal justice and promote the development and progressof the criminal proceedings is important.The second chapter studies on the legislation and judicial practice of the review ofthe detention necessity in our country, revealed problems and causes inpretrial detentionof our country. Compared with Western countries, Our judicial review system of thecustody pending is insufficient. We should improve the review of the detention necessityin order to benefit the pretrial detention system of our country.The third chapter makes a detailed interpretation of the review of the detentionnecessity. And through the legislatives tatus quo and the status quo of China judicialpractice of detentio nanalysis, pointing out the need for the review of the detentionsystem is not only the existence of deficiencies in legislation, but many external factorsrestrictied it.The fourth chapter is that after examining the specific rules in this field and findingsome possible problems in judicial practice. This paper suggests perfecting the basic structure and specific manipulation through further distinguishing concepts, identifyingthe subject of examination, establishing necessary assessment criteria, and enrichingmethods od examination.
Keywords/Search Tags:pretrial detention, review of the detention necessity, criminal procedurehuman rights
PDF Full Text Request
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