Research On Pretrial Detention System In China

Pretrial detention system as an important part of criminal proceedings,the basic meaning of the judiciary before the verdict,the judiciary in order to protect the litigation against the suspects to take the right to restrict the measures to cover the investigation,prosecution and trial in three stages Inside.The detention of suspects mainly depends on China's criminal detention and coercive measures,including detention and arrest of two measures in the criminal prosecution of criminal acts in the process of being widely used.This article first discusses the basic contents of the pre-trial detention from the aspects of the function and basic principles of pre-trial detention.The pre-trial detention as criminal procedure mainly brings the three aspects of guaranteeing litigation,preservation of evidence and convenient investigation.Will be prosecuted in custody in the detention center,can prevent the suspect to escape or conceal evidence,the confession of the suspect with evidence conducive to investigating the investigation of the facts of the case,the maintenance of social interests and protection of fairness,which facilitated the investigation of the accompanying function.After studying the function of detention,the paper expounds the basic principles of the pre-trial detention system from the four principles of legal,adaptability,timeliness and necessity.The basic principle of research is to study the principle and basic law of the system,The grasp of the system.After studying the system of pretrial detention in our country from the theoretical level,combining with the application of the system of custody in judicial practice,this paper points out the shortcomings of the system and its causes.For example,the legal provisions of the system of pre-trial detention in China are not clear,and the procuratorial organs that should perform their supervisory functions are not in strict supervision,leading to the general detention in judicial proceedings,long-term detention and prolonged detention.China's Criminal Procedure Law provides that the conditions of detention for the social risk of serious or serious crimes,for the occurrence of social risk can not choose the behavior of bail or monitor the way of residence.In addition to the reasons for the provisions of the law,the issue of detention in China and China's traditional ideas inseparable.The traditional heavy entity light program concept makes the judiciary staff focus on the pursuit of the results of justice,to protect the interests of the country is not infringed,ignoring the procedural requirements of the program.Finally,according to the shortcomings and problems of pre-trial detention system in our country,we put forward the corresponding countermeasures and try to improve the shortcomings of our pre-trial detention system,such as the implementation of the timeliness principle and clearly stipulate the pre-trial detention period,Apply,and emulate the opportunity given to the prosecuted person more in the proceedings and to justify the relationship between the protection of human rights and the prosecution of the crime.