| Extended custody means that custody deadline go beyond normal limitation which criminal procedure law prescribe when criminal suspect or defender is taken to coercive measures which restrict his personal freedom . Custody measure is absolutely necessary to criminal judicature , but at the time , application of custody measure must be fallen under rigour jural control because personal freedom of criminal suspect of defender is gotten into temporary limitation or deprivation before he is sentenced to be guilty . On the other hand , extended custody encroach on criminal suspect and defender's personal claim in substance . That is to say , when the circumstance are so serious as to constitute a crime . But extended custody has outcome into a common phenomenon in China . This paper begins form the application of coercive measure connecting with custody , analyze the layout of extended custody in China , display the application and prolong including in the stage of investigation,review and prosecution and trial , discuss the blemish in our custody system , in order to find out sticking point and solutions of extended custody phenomenon . This paper emphasize on the construction of extended custody and our custody system form the view of conception and system . At the same time , the article emphasize on combining principle of rule of law and reality .This paper consists of three parts : preface,the main text and conclusion .Preface : This part introduce the correction of criminal action in 1996 , and then infer that law article should ensure the application of custody measure , ensure the realization of power of punishment , ensure materialization of principle of legality . But in judicial practice , public security organization,procuratorial organization and bancus's behavior of extended custody have overspread into every tache in criminal action . So the article try to go along with the construction of idea and system .The main text consists of four parts :Part one , Essence of extended custody . Base on the signification and modality of extended custody , infer that extend custody not only act against legal procedure but also encroach on personal freedom rights of criminal suspect and defender belonging to criminality . At the same time , make a conclusion that extended custody not only a law issue , but also relate to the honor of law judicial agency and law enforcement agency , relate to law authority , relate to ensure human rights by operation of law and judicial honesty .Part two : Present conditions of extended custody in China . Display three model cases , analyze the operation of custody measure in the stage of investigation ,review and prosecution and trial , discuss the problem of our criminal custody system . And carry out particularly the estate of criminal detention and arrest and custody's prolong after arrest . Analyze legislation's drop and try to find out the root . And then infer the morbidity of idea of criminal action and coercive measure system full of blemish are sticking point of extended custody .Part three : Reasons of criminal proceedings . This paper infer that unenlightened idea of criminal proceedings and disabled system of custody in China lead to extended custody . Firstly , analyze some wrong ideas just as presumption of guilt , pursuing oral confession unilaterally ,recognition of entity while despising procedure ,attack crime outgo ensurance of human rights . Base on the research above , analyze custody system's blemish : random of application of custody measure ; random of extension ; lack of judicial review mechanism ; lack of principle of proportionality ; lankiness of substitute measure for custody . And then , infer there is not effective judicial control and unattached adjudication system of procedure . Part Four :Countermeasures against extended custody Firstly , carry out a series of conception changes And then Introduce experiences of westward nomocracy about judicial review , point out in order to perfect active custody measure's...
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