Research On The Relief System Of Pending Detention In China

The relief system of pending detention is an important system to supervise pending detention and protect the right of personal freedom of detainees.In China’s criminal procedure law,there are no detailed provisions on the relief of pending detention as a system,and the procedures for the relief of pending detention are scattered in various chapters of the criminal procedure law.By combing the process of criminal procedure,the review procedure of detention,the review procedure of arrest,the review of the necessity of detention after arrest and the alternative measures of detention,namely,obtaining a guarantor pending trial and residential surveillance,all of these procedures and systems reflect the spirit of protecting human rights and are part of the relief system of pending detention.However,the lack of detention review procedure,the lack of neutrality of arrest review procedure,the quantification of social risk in the detention necessity review system and the application of alternative measures of detention all show that China’s pending detention relief system needs to be improved.The author believes that the establishment of a coherent and perfect pending detention relief system throughout the whole process of criminal procedure is of great significance to the protection of human rights,and it is also consistent with the basic spirit of the current criminal procedure law to protect the human rights of the parties.The first chapter of this paper takes the concepts of pending detention system and pending detention relief system as the starting point,expounds the relationship between them,makes a basic interpretation of the connotation of pending detention relief system,and defines the specific scope of the problems to be studied in this paper.Then the second chapter summarizes the common characteristics and application effects of the pending detention relief system by combing the pending detention relief system in foreign countries.The third chapter expounds the current situation of detention and arrest measures,the necessity of detention measures and the alternative measures of detention in China,and points out the problems existing in the relief of pending detention in China.In the fourth chapter,based on the summary of the common characteristics of the pending detention relief system in foreign countries and the current situation of the pending detention relief in China,the author puts forward specific suggestions to improve the pending detention relief procedure in China,in order to provide reference for the improvement of the pending detention relief system in China.