A Survey Of Police Organ For Criminal Detention Suitability

Criminal detention is that the public security organ and the people's procuratorate take forced measures to deprive the physical liberty of active criminals or major suspects temporarily when legal emergency circumstances appear.The coerciveness of criminal detention is the second only to the arrest.It plays important role in preventing criminal suspects from escaping detection and ensuring the smooth of lawsuit.The accuracy of criminal detention application concerns whether human rights of criminal suspects can effectively protected.Therefore,criminal detention occupies the significant position in the system of criminal compulsory measure.However,in practice,human rights are violated constantly because the public security organ abuse criminal compulsory measure,which does not accord with spirit of the Constitution in protecting human rights.With the purpose of advancing the construction of the legal system,it is necessary to investigate the application of criminal detention.Meanwhile,the main problems should be summarized and their reasons should be analyzed.Finally,appropriate reform measures and suggestions should be offered.According to the investigation in S city,H province,the author found that many problems existed in criminal detention.Therefore,the author proposed some suggestions after analyzing these problems.The paper is divided into five parts.In the first part,the aim and significance of the paper are introduced.In the second part,the overall situation in legal application of criminal detention measures is stated.In the third part,the main problems about legal application of criminal detention in investigated areas are summarized,including high rate in criminal detention.In the fourth part,the reasons about problems in legal application of criminal detention are analyzed.In the last part,some suggestions areproposed to reform and perfect the system.The suggestions and strategies about improving criminal detention are presented by establishing the scientific management system of the public security organ,improving law relief system of criminal suspects,strengthening legal supervision,perfecting legislation.By conducting site visits and research,the author helped to deal with many legal cases,visited some people and interviewed public security staff with experience.Eventually,some thoughts and views are written down and some help is expected will be provided for reforming and improving China criminal detention system.