Legal Thinking On Criminal Compulsory Measures Of Custody In China

In our country,the criminal coercive measures of custody mainly include criminal detention and arrest.These two measures are the severest two of the five coercive measures stipulated in the criminal procedure law,which we need to use in a cautious way.Compared with other countries,the criminal coercive measures of custody in our country are featured in being detained for a long time,being too high with its detention ratio,etc.Based on the practical measures of criminal coercive detention frequently performed by the public security organs and the right of approval of arrest implemented by the procuratorial organ,this thesis has found out the fact that the public security organs have abused the right and extended the time of criminal detention in the process of handling cases and the situation that the rate of pretrial detention and arrest rate is too high.On the setting of the related power of the public security organs and procuratorial organs,it finds the ineffective supervision of the procuratorial organs and some defects in the design of the current system,such as unclear responsibilities,public security organs supervising the judicial powers of procuratorial organs with their administrative powers.In view of the above problems,this thesis has found out five main reasons on the basis of deep analysis and careful exploration,they are:lack of human rights awareness of relevant handling departments,imperfection of the handling system,inadequacy of the system implementation,ineffectiveness of the supervision mechanism and in-determination of the responsibilities.To solve the above problems,we should mainly start with the reform of the system,constantly perfecting the relevant system,accelerating the system of handling the cases,clearing relief avenue,improving the responsibility investigation and giving full play to the alternative role of bail pending.Meanwhile,human rights should be effectively protected on the premise of guaranteeing the smooth-going of the litigation and the unnecessary custody should also be reduced.