Research On The Criminal Accountability System Of Overdue Custody

Overdue detention refers to the judicial organs in the process of investigation,examination and prosecution and trial exceed the legal limit to detain illegal behavior of the criminal suspect or defendant.Detention is appeared in the process of criminal procedure theory in the practice of practical problems,detention directly not only violated the legitimate rights and interests of criminal suspects and defendants,and to a large extent hinders the realization of judicial justice,detrimental to the authority of the state organs,also detrimental to the international image of China.Detention in China causes and the countermeasures to solve the problem of detention,the theoretical circle has made plenty of research,but in detention responsible shall be investigated for criminal responsibility,theoretical research is not enough,and there are many disputes.By establishing punitive mechanism,the criminal responsibility shall be investigated for detention for case-handling organ with a detention behavior and relevant working personnel shall be investigated for criminal responsibility,will effectively the prevention and punishment of detention behavior,to fundamentally solve the problem of detention.On August 4,2015,the supreme people's procuratorate issued by the people's procuratorate criminal execution procuratorial departments to prevent and correct the detention and never long detain case work regulations(try out)",mainly USES the supervisory and patrol work trying to solve the problem of detention.The provisions of article 17 and 18 of the responsible persons shall be investigated for responsibility of detention or criminal responsibility,but the rules did not explain the specific way of responsibility.This article attempts to preliminary research on system of criminal responsibility shall be investigated for detention.This paper consists of introduction,text and conclusion of three parts,the text is divided into three chapters.The first chapter is the basic category of detention,mainly discusses the concept of detention,behavior nature and theoretical basis of criminal detention.Detention is not according to the provisions of the criminal procedure law about detain deadline for illegal detention,the right of personal freedom of infringement of the detained person and normal management activities of the national judicial organs.Detention in violation of the principle of due process and the principle of human rights protection,in terms of its essence,serious detention ACTS constitute a crime need to be investigated for criminal responsibility according to law.This part of.the basic concept of detention,behavior nature and the detention shall be investigated for criminal responsibility according to the theoretical basis of the discussion,for below how to detention of criminal liability shall be pursued in the paper.The second chapter analyzes the detention shall be investigated for criminal responsibility of the status quo and main problems.The first section analyzes the current legislative status quo of extended custody shall be investigated for criminal responsibility.The second section analyzes the detention shall be investigated for criminal responsibility of the judicial practice,and two typical cases.The third section summarizes the problems existing in the current detention in our country criminal responsibility shall be investigated for.Main problems are as follows:1,detention found difficult;2,scope of criminal punishment is unknown;3,criminal liability subject is unknown or blind expansion;4,on charges of criminal responsibility is controversial;5,conviction,sentencing standards.The third chapter puts forward the perfect our country detention shall be investigated for criminal responsibility system concrete proposals.The first part,enhance supervision of detention and reporting mechanism,give custody to detain deadline and relief way full right to know and report way,increase the standing committee of National People's Congress at all levels in the supervision function of extended custody case,moreover,lawyers in enforcing the detention cases.The second part,to perfect our detention of criminal responsibility shall be investigated for relevant law,the scope of criminal punishment,criminal responsibility main body,and the criterions for the conviction,gives concrete Suggestions of perfecting our country's laws and regulations.By the end of the article is the conclusion part,mainly summarized in this paper,the research conclusion.