Historical Research On Habeas Corpus In The United States

The habeas corpus as a great writ of pride for Anglo-American law countries aims to challenge the conduct of illegally restricting citizens' personal freedom and conduct a review to ensure that citizens are protected from unfair treatment of political power.In the United States,he generally means that the court issued an order to the seizure authorities,requesting the seizure authorities to transfer the detainee's person to the court and review the appropriateness of his seizure.This paper mainly takes the habeas corpus of United States as the research object.The research method adopts historical analysis method and case analysis method.The first part selects the classic legal dictionaries both domestic and international,and combines the results of previous studies to make a general definition of the concept of habeas corpus.In addition,to study the system of habeas corpus in the United States,it is inevitable that we must first explore its origin in the United Kingdom.Therefore,in the first part of this paper,the history of habeas corpus in the United Kingdom and its subsequent development are also traced.We know that the prerequisite for the study of a system is the exploration of the theoretical doctrine that underpins it.Since the system of habeas corpus in the United States is the "exportation" of English common law,it traces its theoretical origin more.It is necessary to examine its influence on the legal ideas and principles of the British mainland.The second part of this paper mainly discusses the origin and theoretical origin of the habeas corpus in the United States.The third part of this paper combines many classic cases of the U.S.Federal Court,in the order of the timeline,and discusses the practice and development of habeas corpus in the United States.This part occupies the main section of this paper.In the last part,this paper discusses the question of whether the habeas corpus,a seemingly "incompatible",imported product can be completely and effectively transplanted to our country,and seeks to provide some useful inspirations for current judicial system of China.