Concerning The Improvement Of The Pretrial Detention

The main purpose of designing pretrial detention is to control thecrime and make criminal procedure carried out smoothly. The use of thepretrial detention is undeniable to limit the freedom and litigation rightsof the suspect or the defendant. So, in the west, the law provides for astrict review procedures and applicable condition and strictly limits theuse of the pretrial detention. However, due to our country’s the criminalprocedure’s value emphasizes on stabilizing order and the purpose of thecriminal procedure emphasizes on the control of crime. Therefore, thedesign of the pretrial detention ignored the protection of the suspect ordefendant’s rights. And, in the specific application, the pretrial detentionis often applied. So, consummating the pretrial detention is of greatsignificance to the protection of the suspect or defendant’s rights. Thispaper attempts to systematically analysis the pretrial detention and takesexample by the experience of the west countries to further analysis ourcountry’ the pretrial detention, so as to find how to perfect our country’s the pretrial detention.This paper is divided into four parts. The first part is theinterpretation of the theory of the pretrial detention, for analyzing thepretrial detention’ institution and the judicial practice to lay a theoreticalfoundation，including the concept of the pretrial detention, the nature ofthe pretrial detention, the purpose of the pretrial detention, the value ofthe pretrial detention, and the principle of the pretrial detention. Thesecond part expounds our country’s the pretrial detention, and points outthe problem in practice, such as high detaining rate, the long term ofcustody, relief difficult. Finally, the second part analyzes the causes of theabove problems. Comparing to the legislation of our country’ the pretrialdetention, the third part is mainly to research the western countries’ thepretrial detention for finding its general characteristics and legislativeexperience. From the western pretrial detention and its experience, thefourth part discusses how to improve the pretrial detention in our country,combined with China’s reality.