The Reform Research Of Pretrial Detention Within The Function And Power Allocating Aspect

This article tempts to analyze the shortcomings and reformingapproaches of Chinese pretrial detention system within the function andpower allocating aspect. While having problems in pretrial censoring,prolonging, detention management and remedy methods, China didestablished integrated pretrial detention system during the late Qing Dynastyand the early time of the Republic of China (1912-1949). But after theestablishment of the People’s Republic of China, the former system isabandoned, which together with the influence from traditional culture resultsin recent problems.We could learn from main viewpoints of other researches and commonapproaches of other countries that the power in pretrial detention system isusually based on the core of jurisdiction. It tempts to protect the interest ofthe suspect and the accused, and considers detention as a kind of “finalmeans”. Thus, many researches suggest do the same to the Chinese system. It is mostly considerable to base pretrial detention system on the core ofjurisdiction, which favors the interest of the suspect and the accused. Butshortcomings do exist when we apply jurisdiction to detention system.Jurisdiction is deficient in fuzzy situations for its bivalent standard, mainly indangerousness prediction in detention system. To compensate the deficiency,we should split and optimize the power in detention system by the means ofinterest balancing.At last, the article argues the approaches to optimize the function andpower in Chinese detention system. The reforming of the system, which isdivided into two parts, should be advanced in an orderly way. Firstly, weshould base the detention system on the core of jurisdiction in order todispose of severe problems. The administrative department for justice shouldalso be introduced to the management of the place of detention. Secondly, weallocate the power of detention to the police, the administrative departmentand the public to lower the rate of bivalent judge. Also, we should change ourliberty-restricted bail system into a more bail-alike system in order to remedyinappropriate detention.