| Criminal detention system, our criminal justice process is an important pre-trialdetention system in the fight against crime, maintaining social stability played animportant role. But in practice in our criminal justice activities, criminal detentionsystem also exposed a lot of violations of human rights of criminal suspects, whichdiscussed herein "hidden extended criminal detention" is one of the more common one.In the first part of this article, through the analysis of the results of the survey aresummarized in practice recessive extended criminal detention of several performancemeasures, such as public security authorities detained the criminal system is not fair use,take the abuse of administrative detention instead of criminal detention. Public securityauthorities to circumvent the law by these means,"implicitly" the suspect before takingimproper trial detention, both serious violations of the legitimate rights and interests ofcriminal suspects, but also undermine the legal authority.In the second part of this article analyzes the reasons for this phenomenon. The first isthe non-judicial criminal detention system, namely criminal detention as a measure ofpre-trial detention of criminal suspects limit personal freedom, it decided to implementthe Code of Criminal Procedure has been granted the right to focus on theadministrative functions of the public security organs, procurate and judicial organsreview of its lack of power, so that the right to become a criminal detention "withoutoversight authority." Followed by the Criminal Procedure Law regarding criminaldetention system is too simple, the lack of regulation on key issues, such as thedetention of criminal measures positioning is not clear, the criminal provisions ofimproper detention period, which gives the public security organs too much discretion,gave the abuse of power space public security organs. Finally, China’s "regarding Fujipenalty" principle Sector Act limitations exist, have not been able to achieve the citizens"against Repeated Prosecution" purposes.In the third section of this article for the issues raised above legislative proposals. First,we believe that under the current Chinese judicial system environment, not immediatelyrevolutionized criminal detention system "non-judicial" and should adopt a "gradual"reform ideas in criminal rights reserved detained by the police under the premise, on theone hand refine the public security organs to exercise the right to criminal detentionconditions and deadlines, limited space shrinking discretionary public security organs; hand detention of criminal measures included the need to review the system of pre-trialdetention in our country, to establish the prosecution for investigation and supervisiondepartment oversight mechanism to review the subject. Secondly, according to therealities of our judicial system, the principle of prohibiting the establishment of amisdemeanor and administrative detention period off against the regime’s repeatedprosecution under criminal detention period, the public security organs in order toeffectively mitigate the abuse of administrative detention instead of causing criminaldetention of suspects hidden problem of extended criminal detention. |
