Research On Criminal Detention System

Criminal coercive measures, refers to the investigation, prosecution and judicial organs in order to ensure the smooth progress of the criminal proceedings, in accordance with the law on the crime suspect, defendant taken within a certain time limit temporarily restricted or deprived of their liberty legal method. Chiness "Criminal Procedure Law" provisions of the subpoena, bail, residential surveillance, detention and arrest, is the5on the compulsory measures, and formed a from light to heavy, layered, join each other compulsory measures system. Criminal detention is the system of criminal coercive measures in relatively strict method, the suspect, accused in custody, on their personal rights have direct effect. In China’s criminal pretrial procedure, criminal detention system occupies an important position, is to ensure the smooth conduct of criminal activity is the main means of. Therefore, criminal detention system is always an important issue in the study of science.The article with western countries criminal detention, arrest system as a reference, to the realistic national conditions of China as the basis, from micro to macro, theory of practice to perfect the present stage of our country, explore the deep problems of criminal detention system, and from the criminal detention of foreign criminal detention system, criminal detention, empirical analysis and comparison the new criminal law criminal detention system under the framework of the legislative design of part of a study of four.The first part is mainly about the definition of criminal detention and feature analysis. Based on the related concepts of detention as well as historical research, comprehensively explains the meaning of criminal detention.The second part of the foreign criminal detention system, mainly from the two legal representative countries, the judicial procedure of criminal investigation, criminal detention, arrest system summarizes and analysis.The third part from Chinese criminal detention system and judicial practice, based on the value of litigation of criminal detention macro architecture are analyzed. Through the analysis of current criminal detention related laws and regulations and practice running out of line, between numerous dislocation link, further analyzes the deep-seated reasons, contradiction and system blemish. On this basis, proof that Chinese criminal detention coercive measures to modify the direction and its reason.The fourth part of the new law of criminal procedure under the framework of criminal detention system, in the study of Chinas criminal detention system exists in the premise, combined with the new "Criminal Procedure Law" relates to criminal detention system modified part, carries on the depth analysis on the future of criminal detention system reform put forward the theoretical conception.