Study On The Pretrial Detention

Pretrial detention reflects the different nature in different society, and also has different meaning in different stage of litigation. As a kind of severest instrument to restrict the essential personal right, pretrial detention not only relates the essential personal right, but also reflects a country's legislation lever of criminal judicial system. It has already become an institutionalized coercive measure of criminal procedure basically. Through analyzing the current situation of pretrial detention in western countries, We can summarize its nature in different countries. And we can comprehend the nature and the current situation of pretrial detention in china much better from this comparison. In the same time, we can conclude the problems which are brought from the vague cognition of academe to the nature of pretrial detention in our country. For solving these problems, our country needs to confirm the legalization of pretrial detention, establish the judicial review mechanism and judicial relief mechanism of pretrial detention, making pretrial detention become a more closed judicial control system.