On Governance Against Extended Custody In China

Detention is the most severe coercive measure.Prolonged detention seriously violates the legitimate rights and interests such as personal liberty of the suspects and defendants.In order to prevent the occurrence of the prolonged detention,western countries carry out tight judicial control over the pretrial detention.The prosecution authorities and the place of detention are separated.A completed relief system was is formed.There are specific regulations and judicial review about the time limit of detention as well as extending the detention.However,in China,although the public security and judicial organs have published many documents about regulating prolonged detention and have carried out some according measures.There is some effects but it is not effective in the long term.Prolonged detention still exists.It is substantially a serious illegal act,which affects the legal sanctity and the credibility of jurisdiction.Learning the experiences from other countries,this thesis tries to come up with a countermeasure to prolonged detention by finding faults from both the legislative and judicial level according to the national situation.It seems that prolonged detention is caused by many reasons.But it is not hard to find that the essential reasons lie in the place,the regulation about time limit,judicial control and the relief system.Other causes play minor roles.Reducing and rooting out prolonged detention can only work under the condition of solving the defect in the detention system.This thesis is going to explore the plan based on the above three aspects.Besides the introduction part,the thesis can be divided into four parts.Part one is the generalization of prolonged detention.In this part,the author elaborates the concept,the characteristics and the classification of prolonged detention.The causes and the necessity of governing prolonged detention are also analyzed.In part two,the author analyzes that combining investigation with detention in the detention house is a main reason to cause the prolonged detention.Therefore,an improved plan to neutralize the detention house is put forward.Part three focuses on the problems such as mixing the detention time with the time of handling the cause,there being too many elastic clauses on prolonged detention and lacking of a supervision system on detention.The governance of detention should be improved at the legislative level.In part four,as for the problems of the administration and the lacking of sanction in the relief system,the thesis summarizes that based on the article 115 in criminal procedure law,the prolonged detention relief system should be re-designed according to the necessity of detention.