The Study Of The Pretrial Detention

In Chinese criminal procedure law, pretrial detention is overused. There is legislative reason, also has the reason of the lawsuit mechanism. In terms of legislation, the reason for custody and arrest is the same, which led to the detention and arrest cannot be separated. Custody period depends entirely on the needs of the investigation and litigation. The review of the necessity of custody system is imperfect. In the custody deadline, there are many blank rules, which lead to detainees by often in a state of uncertainty. When pretrial detention is wrong, there is little way to relief. In terms of the lawsuit mechanism, the public security organs, procuratorates and court coordination work in a role. The procuratorates shall be responsible for examination and prosecution so that neutrality is not enough. In the inner department, they tend to taking arrest. Based on the above reasons, we should perfect though two measures. Firstly, we should modify the entities of suit. For example, set up condition of detention independent of the detention or arrest, set up the highest detain deadline, regulate the review of the necessity of custody system and build the judicial relief way. Secondly, introduction of procedural sanctions that to contain the program in the illegal problem.