Research On The Time Limitation Of Handling A Criminal Case

The time limitation of handling a criminal case is stipulated in our criminal procedure law,the aim is to pursue justice and efficiency,so that can realize the protection of human rights.But the time limitation of handling a criminal case in criminal procedure exist plenty of shortages.In Legislative stage,the criminal procedure law does not stipulate the detection period,particularly the time limitation of detection in a case when someone has been arrested.The supervision law does not give the investigation period,especially the time limitation of investigation in a case where lien has been adopted.In practice aspect,suspect is under invisible extended detention.Above all shortages reduce the efficiency sharply,and are bad for the protection of human rights.Facing so many of problem in the time limitation of handling a criminal case,the author think that improving the time limitation of handling a criminal case should obey some basic theories.It is necessary to carry out the timely procedure principle in order to improve efficiency and protect the human rights.Law-maker should insist concentrated proceedings,and propose the idea of concentrated proceedings.Perfecting the limited time of handling a criminal case can adopt concrete measures as follows: in law aspect,the law-maker of criminal procedure should give the time limitation of detection when someone has been taken into custody,and order the handled person in a legal time handle a case as soon as possible in order to reduce the time of custody to suspect.Without adopting the custody,the handled person should obey timely procedure principle so as to handle a case as quickly as possible.The law-maker of supervision should stipulate the time limitation of investigation when the lien has been put it out,order the investigator in a legal time handle a case quickly so that can lessen the time of someone has been custody.If lien does not carry out,the investigator should insist the timely procedure principle to handle a case as soon as possible.In practice aspects,law-maker should perfect the time of supervision in the authorities' organ,and urge the authorities to handle a case at a high speed to improve efficiency,and optimize the number of authorities' organ to concentrate on the making up the shortage of number.