Research On The Function Of Criminal Detention System In China

Criminal detention refers to a compulsory measure taken by public security organs and procuratorates to ensure the smooth conduct of criminal proceedings and to temporarily deprive criminal suspects of their personal freedom when they encounter a statutory emergency in the course of investigation.This paper takes the criminal detention function as the research object,and adopts the comparative research method.Firstly,the paper based on the criminal procedure law of China,the law of developed country law and the international criminal code to summarize the basic functions of criminal detention.Among them are emergency access function,litigation security function,verification function and human rights protection function,including litigation security function,verification function,personal protection function and short-term detention function.Then,after comparing the role played by criminal detention in our judicial practice with the basic functions,we conclude that the criminal detention function is distorted,which refers to: First,the emergency access function of criminal detention is concealed.It is mainly reflected in the loss of “urgency” and the weakening of the function of the case in the application process of criminal detention.Second,the litigation security function of criminal detention is absorbed.The "waiter" is concentrated in the short-term custody function as the verification function.The personal protection function is the "death ghost" for the verification function and the verification support function is absorbed by the verification function.Additionally,the verification function is over-enhanced.The specific manifestation is that excessive attention is paid to the confession,the length of the investigation period is arbitrarily extended and the phenomenon of “acquisition and detection” is prominent.Lastly,the human rights protection function is weak.The main manifestation is the high rate of criminal detention,while the alternative measures for detention are less applicable.The reasons for criminal detention are not timely,the rights of detainees are insufficiently informed and the right to get help from lawyers are delayed.In response to the above-mentioned functional distortion,the author made the following suggestions: First,highlight the emergency arrival function of criminal detention.Limit the scope of criminal detention,and exclude the application of non-emergency cases such as dangerous driving,traffic accidents,economic crimes,etc.,which are difficult to obtain evidence and the difficulty of serial supply to criminal detention.Emphasizing the emergency arrival function of criminal detention,and give full play to each of the function of the case where forced access can be applied,the correctness of the application of criminal detention is included in the assessment system.Secondly,about the independent criminal detention lawsuit guarantee function,explain the object of the respective services of the detention period and the investigation period is important.To establish an independent detention system to ensure the normal function of the verification and protection function,clarify the applicable situation of detention,construct a review mechanism for the application of detention and extension of the detention period and set an appropriate detention period.Additionally,return to the verification function of criminal detention.Get rid of dependence on confessions,adhere to the principle of “presumption of innocence”,implement the principle of “not compelling self-incrimination”,improve the mechanism of objective evidence generation,improve the ability to obtain objective evidence,construct a review mechanism for prolonging the period of investigation and give the procuratorates the qualification of examination.According to the length of the extension,determine the different levels of contractors.Lastly,strengthen the human rights protection function of criminal detention.Reconstruct the alternative measures of detention,increase the specific operationality of the alternative measures of detention,clearly inform the facts and reasons for the suspects being detained,strengthen the notification of the rights of criminal suspects and improve the right to help lawyers.Only by perfecting the criminal detention system from the above-mentioned parties,the function of criminal detention can fully play its role on the basis of balancing crimes and guaranteeing human rights.