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On The Necessity Review Of Detention After Arrest

Posted on:2020-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:W Z DuFull Text:PDF
GTID:2436330572474270Subject:Law
Abstract/Summary:PDF Full Text Request
As a system of preventing prolonged detention and illegal detention and guaranteeing the legitimate rights of criminal suspects and defendants,the examination of the necessity of detention after arrest has been developed and perfected for hundreds of years in foreign countries,and has formed a mature and perfect legal system.In 2012,China also established the necessity of detention after arrest of criminal suspects and defendants in the new criminal procedure law.After the completion and supplement of the Criminal Procedure Rules of the People's Procuratorate(Trial Implementation)and the regulations and guidance issued in 2016 on the special application of the necessity of detention after arrest,the necessity of detention after arrest has initially formed a system in China.However,due to the short time of development,the legislative provisions are still vague and inadequate,so the author of this paper attempts to start from the definition of the necessity review of detention after arrest,to deeply explore and analyze the development provisions and theoretical basis of the necessity review of detention after arrest in China's legislation,and to study the necessity review of detention in extraterritorial Anglo-American law system and continental law system in order to find out the present situation in China.The inadequacies of the provisions on the examination of the necessity of detention after arrest in legislation.On this basis,a simple three-dimensional,procedural and institutionalized review procedure of the necessity of detention after arrest is constructed,and some shallow opinions and suggestions are put forward.
Keywords/Search Tags:Necessity of detention after arrest, Human rights protection, Procedural subject, Content of examination
PDF Full Text Request
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