Research On The Relief System For Pending Detentio

As the "supervisor" of the outstanding detention system,the outstanding detention relief system is to restrict the exercise of public power in the outstanding detention and strengthen the judicial protection of the human rights of detainees.By sorting out the relevant provisions of pending detention relief in the Criminal Procedure Law,it was found that the relevant provisions such as detention,arrest and detention review are part of the pending detention relief system,highlighting the concept of human rights protection.However,because my country’s current criminal procedure law has not made specific and perfect unreasonable detention relief systems,such as the review and arrest process has legislative omissions,unbalanced power ratio of the public prosecution law,and the participation rights of lawyers in the unreasonable detained procedure have not been affected.Problems such as guarantee have caused the phenomenon of infringement of human rights in the judicial practice from time to time,and the effectiveness of the rights relief of the detainee’s rights also has little effect.In view of this,this article takes my country’s undispable detention and relief system as the research object,and is based on the theoretical basis of the unreasonable detention and relief system.The relationship between the unreasonable detention system explains its theoretical foundation and the value of the times.Later,through the discussion and analysis of the status quo of the unreasonable detention and relief system,it revealed the problems of the existence of the unreasonable detention and relief system in my country and analyzed its causes in depth.And select the British and American,German-Japanese and American and American-based laws and countries of the mainland law system as the object of inspection,compare the benefit experience,and at the same time based on China’s national conditions and the law suggestions: In terms of legislative system,we focus on regulating and optimizing the main body and procedures of the relief,and clearly review the legislative design of the arrest process.Based on this The judicial and authority of the three organs of the Public Prosecutor’s Law is well-balanced;in terms of the detention and relief period,the failure period of the detention period and the nature of the case handling period will be defined and the nature of the case handling is divergent to clarify its maximum period,shorten the detention censorship remedy period;In terms of detained alternative measures,through refinement and supplementing the two aspects of bail pending trial and surveillance,the improvement of unreasonable detention and relief systems,the organic unity of procedures and physical justice.