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On The Improvement Of The Pre-trial Detention System

Posted on:2018-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:S Q ZhaoFull Text:PDF
GTID:2356330518976527Subject:Law
Abstract/Summary:PDF Full Text Request
as a coercive measure,Pre-trial detention's main purpose is ensuring the smooth progress of criminal proceedings,which should be carefully applied.However,in the judicial practice,the investigation of extended detention has reached 100%,which does not meet the legislative purpose of deferred detention.Although the current pre-trial detention system has been initially formed,because of the pre-trial detention system of their own legislation is not perfect resulting in the application of the emergence of a deviation,the human rights of the suspect caused a serious threat,so this article will be pre-promised as Topic.To explore the current pre-trial extension of the existence of the problem,hoping to come to an effective proposal to improve the pre-trial detention system.This article mainly uses the method of empirical analysis and the method of system analysis,through the problems existing in the data analysis practice and the existing problems in legislation.This article through the study found that many of the causes of the problem is not simply detained the system itself is unique,but the entire system of criminal detention system caused by disharmony.Therefore,this paper draws up the need to extend the period of pre-trial detention in the legal through different procedural provisions of the detention period and the duration of the case of the separation of the concept,on the basis of a clear extension of the conditions of detention and approval of the authorities,Date,to strengthen the control of the prohibition process and to improve the detention of the necessity of detention review.
Keywords/Search Tags:Pre-trial detention system, Extensiou of detention, The reasons for the delay in custody, Extension of custody procedures
PDF Full Text Request
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