On The Writ And Revelation Of Habeas Corpus In Anglo-American Legal System

The Writ of habeas corpus is a kind of legal relief system which is based on theBritish common law, as a judicial remedy procedure system, its purpose is tosafeguard the personal freedom of citizens. The core content is according to theapplication of the parties, the court checks the reasons of the investigation organ arrestor detention of criminal suspects, and the relief of criminal suspects according to theconstitutional laws or constitutional to guarantee of due process of law, so that it helpsthe parties in accordance with legal procedures to ensure the right of trial. Its role is toprotect the parties do not have illegal force against, to prevent the public powerinfringing upon the personal liberty of citizens. It is considered to be the"safeguarding tool for the people in Anglo-American legal system". Habeas corpushas been focusing on the legality of the detention basis; don’t pay attention to theproblem of crime or non-crime.It based on an investigation of the origin, the protection system and the scope ofjudicial review and form of the habeas corpus. It also provides the basis for thenecessity of constructing the system of habeas corpus for our country. In view of thehabeas corpus system in our country is blank in legislation. It puts forward somesuggestions on China’s habeas corpus law in the based of the Anglo-American legal ofhabeas corpus system.