Study On The Relevant Issues Of Pretrial Detention System

Pretrial detention is an important part of the criminal judiciary, it has an important role in curb crimes and safeguard of human rights. Pretrial detention is not only concern to the basic rights of citizen, the status of system design and judicial practice but also able to reflect a country's political and legal system. In this legal system, who claims control of crime, pretrial detention is often as a measurer to punish the guilty and crime prevention; in this legal system, who insists on the protection of human rights, pretrial detention is just a safeguard of exceptive and procedural. As a resort to take criminal suspects or defendants'personal freedom before the referee comes into effect, pretrial detention is the most drastic compulsive measure in criminal proceedings, in essence, the deprive of personal freedom by forcer of state.In china, there is not an independent pretrial detention system, it just leeches on to detention and arrest, it just the inevitable consequence of detention and arrest, in such a sustained state which deprive the freedom of detainee. But pretrial detention generally exists in judicial practice, the application, linked to the criminal process and to the guarantee of human rights. Therefore, study on the relevant issues of pretrial detention and urge the reality of abuses to be improved; it's the requirement of the protection of human rights and to maintenance of social stability.This paper is tried to study on pretrial detention by the numbers. After the basic theory has been discussed, it investigated and compared the pretrial detention system of the main western country, then, on the basis of the legislation and judicial practice of the present situation, the paper revealed problems and causes in pretrial detention of our country, and bridged forward suggestions to improve our pretrial detention system at last. This paper divides into four parts:Part one, a summary of pretrial detention system. Elaborated the concept and nature of pretrial detention, analyses mandatory, time limit in pretrial detention, pointed out pretrial detention system aims to precede procedures safeguard, ensured the prevention and control of crimes, and protected the lawful rights and interests of prisoners.Part two, a comparative study on pretrial detention system. From the angle of view of comparative law, make systems analysis in legislative and judicial status quo of the Britain, America, France, Germany, and Japan in pretrial detention system which includes the judicial review, suit conditions, place of custody, term in custody and extend judicial remedy and the legal rights of prisoners.Part three, analyses the status quo and its causes in pretrial detention of our country. This part investigates the legislative and judicial status quo in pretrial detention of China, and pointes out those shortcomings in pretrial detention include faultiness of legislation and irregular of system. At last, analyses the causes of our status quo in pretrial detention in aspects of idea, legislation, and system.Part four, makes suggestions to perfect the pretrial detention system of our country. On the basis of the preamble, this part indicates measures to improve our pretrial detention system from forming judicial review mechanism, regulating term in custody, regulating the place for custody, forming judicial remedy mechanism, and consummating the alternative remedy measures.