Research On Several Issues Of Criminal Detention

Criminal detention is one of the most commonly used coercive measures in the process of investigating and seizing crimes.It is the legal method to restrict the personal freedom of the active criminal or the major suspect for a short time to prevent them from continuing criminal activities and evading prosecution and trial.By analyzing the current situation of criminal detention,this paper analyzes the defects and inadequacies of the current system,summarizes the principles that the criminal detention system should follow,learns from the merits of foreign criminal detention systems,and carries out research on China's criminal detention system by finding out the essential characteristics of things and solving problems.In addition to the introduction,this paper is divided into five parts:The first part:mainly is the typical case and the question analysis.This part enumerates five typical cases such as zhao zuohai's unjust case and interprets them one by one to find common problems and analyze and summarize them.The second part:mainly elaborates our country criminal detention system existence question.This part mainly includes four problems:excessive use of criminal detention,too strong randomness,ineffective relief measures and inadequate supervision and restriction.The third part:this part summarizes the principles that should be followed to perfect the criminal detention system.It mainly includes the principle of legality in criminal detention,the principle of proportion in criminal detention,the principle of judicial review in criminal detention and the principle of human rights protection in criminal detention.The fourth part:mainly carries on the investigation and the reference to the foreign criminal detention system.This part mainly analyzes the criminal detention system in common law countries and civil law countries,and summarizes the western countries' criminal detention system for reference.The fifth part:try to put forward own suggestion to our country criminal detention system consummation.It mainly includes strengthening the supervision and restriction of the right of criminal detention,improving the relief of extended or wrongful detention,perfecting the criminal legislation and relevant interpretation regulations,reforming and improving the related supporting system and so on.