Judicial Control Of Pretrial Detention Under The Perspective Of Trial-centered

The Fourth Plenary Session of the 18 th Central Committee puts forward the "judicial-centered" direction of judicial reform.In the field of criminal litigation,emphasizing the substantive strengthening of the trial,it is necessary to change the relationship between the three functions of investigation,prosecution and adjudication.Positioning problem.In our country's judicial context,we should respect the independent status of the court,give full play to the trial function of the court,establish the litigation structure of the trial center,the indictment function and the defense function equally,and strengthen the prosecution function of the procuratorial organ as a judicial organ.Weakening the function of the trial supervision,the application of the investigative measures should be the introduction of judicial review and judicial relief before the trial system.Emphasizing the central role of the trial of the court in the field of criminal proceedings and the central role of the trial function,not only the issue of independent exercise of judicial power,but also redefine the scope of the current trial functions and re-positioning of the judicial functions.The criminal procedure pretrial detention in our country has become an important means of criminal coercive investigation,and in practice,the high rate of detention in custody,extended custody,custody verification functions such as long-standing problem exists,although the new "Criminal Procedure Law" The conditions of arrest have played a certain role in lowering the pre-trial detention rate.However,the problems of pre-trial detention function alienation and detention center ills have not been fundamentally resolved.China's judicial control of pretrial detention has formed a special mode of procuratorial control,which in jurisprudence and practice are causing problems.For the pre-trial detention must be the introduction of judicial control and review of the mechanism,and this control model should be the main body of the court rather than the Procuratorate,the court-led judicial review of pre-trial detention is consistent with the trial center and in the world.The article is divided into four chapters.The first chapter,"the connection between the judicial center and the judicial control of pre-trial detention",mainly introduces the connotation of pretrial-centered doctrine and the status quo of pre-trial detention as a means of compulsory investigation,and points out that the judicial control of pretrial detention in the current criminal-The second chapter is mainly on the advantages of judicial control of pretrial detention,and expounds the value and function of judicial control in custody,and the international common practice.The third chapter mainly introduces the main body of judicial review.The current system of procuratorial control mode and the problems in the pre-trial detention system in the current mode,and the key issues such as lack of motivation for the control of the examination are highlighted.Chapter 4 makes assumptions on the judicial control and relief reform of pretrial detention.The basic idea of trial-centered doctrine requires that the court must assume the judicial review function of pre-trial detention instead of the necessity of post-arrest detention.The basic idea of trial-centered doctrine must be supplemented by perfecting arrest system,judicial remedy,the concept of detention compensation and investigation report system and alternative measures of detention in order to achieve the "detention exception" of international criminal justice standards,to better protect the human rights of the prosecuted person.