Research On The Time Limits Of Prctrial Detention

The pretrial detention system epitomizes the sharp contradiction between punishing crime and safeguarding human rights,on the one hand,it can guarantee the smooth running of criminal proceedings,on the other hand,it also temporarily deprives citizens of their basic rights such as personal freedom.The pretrial detention period is the core of the pretrial detention system,and the rationalization of the pretrial detention period is of great significance to prevent the abuse of detention power,guarantee personal freedom and improve the efficiency of litigation.On the basis of taking full account of the reality of judicial reform in our country,this paper compares and draws on the useful experience of the extraterritorial state detention system,then analyzes the current situation of the pretrial detention period in China,finds out the problem,and finally puts forward the concrete conception of the reform,in order to help the legislation and judicature of the term of detention in our country.This paper is divided into four parts: the first part mainly introduces the theoretical basis of the establishment of the pretrial detention period.Reasonable setting of pretrial detention period should embody the concept of criminal Procedure humility and the concept of litigation subjectivity,and should follow the principle of presumption of innocence,the principle of timely litigation and the principle of proportion.The second part has carried on the extraterritorial investigation to the pretrial detention period.This paper mainly uses the method of comparative analysis to investigate the pretrial detention period system of representative countries in civil law system and common law system respectively,and summarizes its good practice,in order to provide useful reference for perfecting the system of pretrial detention in our country.In view of the above problems,the author in the fourth part from the guiding Principles,concrete measures and supporting measures three aspects of China's outstanding detention period system reform concept: first of all,we should establish the principle of presumption of innocence,the principle of timely litigation and the principle of proportion,and secondly,we should achieve the "two separation",specify the maximum period of detention,Strict restrictions on the extension of the period of detention,the establishment of a strict judicial review mechanism and the improvement of the length of detention procedural relief,and finally,should improve the measures of bail,explore the establishment of a non-custodial mechanism for plea cases.