| The unity of arrest and detention is China's current status of the legal system.Thisunity has caused some problems in judicial practice,such as subject unclear,proceduralconfus,lack of relief and so on. In order to solve these problems,this article mainlyused the comparative research methods,by studying the separation of arrest anddetention to find out some experience to construct our own separation system of arrestand detention.Pre-arrest doctrin,arrest without a license and the independent examineof detention are included.The article in view of the problems in our unity of arrest and detention,thencarries out detailed analysis,and finaly focuses on how to build our country'sseparation system of arrest and detention.On the basis of the existing arrest anddetention system,she suggests that on the one hand,custody would be independent ofarrest,then rebuild the subject,condition,program,time limit and relief of detention;onthe other hand,perfect the existing arrest measure,eventually,distinguish arrest withdetention.To achieve the separation,the author advises that give the detention judicialreview to the court,set up detention review tribunal,specially responsible forexamining and approving the condition and extend the detention period.At the sametime,the author learns foreign legislation experience,introduct the pre-arrestdoctrine,and enriches our country's arrest system,then set up our own arrest without alicense.Construct China's separation of arrest and detention will not only enrich ourcountry's theory of protection of human rights, presumption of innocence, proceduraljustice and so on;but only perfect our criminal coercive measures system. |
