Research On The System Of Reviewing The Need For Detaining After Arrestment

In China,detaining after arrestment means the criminal suspect or defendant will be detained after he was arrested by investigation organization,until the court ruled according to law.Different with the concept of ”detaining after arrestment” in China,“pretrial detention” in foreign countries,such as America,England,France,Russia,it means the police arrest the criminal suspect on the basis of legal reasons,then take him to the front of the judge immediately,to rule whether to detain him after approving by judge.Foreign pre-trial custody reflected the independence of the custody system in the aspect of reality,it not attach to arrestment;in the aspect of theory,it contains so many theoretical basis and value orientations,such as the principle of presumption of innocence,the concept of power restriction,and the thought about human rights.At the same time,it has the characteristics of the statutory,and it shell be reviewed by judicial organs.We should hold it as a final measure in criminal procedure,and provide relief ways to criminal suspects or defendants.In China,the criminal suspects will through a long custody state after the detention,it includes investigation stage,the stage of review and prosecution,the stage of trial.Most often,detention is rely on arrestment,to prevent the criminal suspect do some destructive behaviors,for example,escape away,destroy the evidence,etc.Looking at the criminal lawsuit,we can find that there are so many problems about detaining.These issues are mainly follows: generally custody,extended custody,long-term custody,etc.Investigating the root reason is that custody measure is not independent,alternative measures are not practical,the cooperation between prosecutors and police,the lack of effective judicial remedies.So,on condition that judicial system does not changed fundamentally as a whole,the review work taken by procuratorial organs is crucial.We will research the pre-trial detention system in representative countries by comparison,speculate the contrast between different countries and legal background,combine with the judicial practice in China,analyze the subject,the content,the methods,the period and the relief of the right,and raise specific suggestions on improving detaining measures after arrestment.