Research On The Issue Of Custody Rejection From Detention Center After Receiving The Decision On Taking Custodial Criminal Coercive Measures

As the legal location for the detention of criminal suspects,defendants and few offenders,the detention center is the crucial participant and servant in the criminal procedure.And the activities of enforcement in the custody run through the stages of investigation,prosecution,trial and enforcement.Therefore,the activities in custody of the detention center are meaningful and far-reaching for criminal procedure.Nonetheless there still are some problems and flaws that can not be ignored in the custody procedure,especially the large amount and continuingly-existing issue of custody rejection for the criminal suspects and defendants who are already in the scope of taking custodial criminal coercive measure.And the problems above have the negative impact which is harmful for successfully running criminal procedure and judicial fairness.In recent years,the revision of laws and regulations like Criminal Procedure Law brought up the new requirements on functional orientation and value pursuit.While as the primary legal norm for standardizing enforcement proceedings in custody,the Regulations of Detention Center has no amendment yet,which leaves the problems like the contradiction in the current laws and regulations?the disorderly functional orientation for detention center and misuse of authority for detaining refusal unsolved.The current detaining regulations are obviously dismatching with the new criminal procedure system,which makes it urgent to improve the related laws and regulations.Based on collecting and analyzing the real data from custody procedure and interviewing with front-line staff working in custody,the paper uncovers the actual performance of custody refusal problem via regulations analyzing and empirical researching.And it analyzes the causes and harms of the problems from the multiple angles of law norm and juridical practice.Finally,to contribute something for reforming the management system of detention center,the thesis proposes strategies of solving custody refusal by combining with our national conditions to draft the Detention Center Law and to strengthen the supervision of prosecution.