Research On The Problems And Countermeasures Of The Pretrial Detention System In Our Country

Respect and guarantee of human rights has become a universally recognized and universally sought norm in modern society under the rule of law.China has also enshrined "national respect and guarantee of human rights" in the constitution,making respect and guarantee of human rights a constitutional principle.This is not only a significant progress in the process of rule of law in China,but also fully reflects the nature of socialism in China.However,due to the influence of the traditional concept of valuing power over rights,there are many problems in pre-trial detention in judicial practice,and the abuse of custody often occurs,such as "disguised detention","excessive confinement in a period of time","long detention without decision" and so on.The existence of these phenomena is not only a serious violation of the human rights of detainees,but also will damage the international image of our country.In the modern legal society which emphasizes the concept of human rights,it is urgent and necessary to thoroughly solve the problem of overdue detention in our country.Based on this,in this paper,the problem of the current system of pretrial detention in our country are discussed in this paper and the research,first of all,the concept of the pretrial detention system,function,characteristics and applicable principle has carried on the brief overview,next to the parts of pre-trial custody outside of the judicial practice and legal system were studied,through compared with custody system in China,so as to draw lessons from the advanced practice.In order to seek the advanced experience of the perfection of the pretrial detention system in China,the existing problems of the pretrial detention system in China are analyzed,and finally several Suggestions are put forward.Hope to provide reference to the related research.