Pretrial Detention Program Of Lawsuit Reform Path Analysis

Pretrial detention program is an important part of the whole criminal procedure,it will by legal means without judicial referee confirm the criminal suspect shall be held guilty,is the the most severe criminal coercive measures of criminal procedure.Pretrial detention program in China has been criticized by domestic scholars,mainly lies in the pretrial detention program administrative examination and approval color thick,severe investigation centralism,the parties,the relief channel impeded and so on,and thus caused the high rate of custody,detention,such as being serious social problem.To this,the domestic academic circles and judicial practice of reform in the proceedings of the pretrial detention program to constantly explore,though the point of profusion,but indeed for the modification of the pre-trial custody procedures lawsuit is the trend of The Times.The author based on the problems existing in current judicial practice,combined with their years of experience in procuratorial work,at the current procuratorial organs to carry out the reform of the judicial system as the breakthrough point,in-depth analysis of the litigation procedures of pretrial detention in the process of the reform from obstacles and the reasons,and draw lessons from western countries under the rule of law in the pretrial detention system of mature experience,the pre-trial custody procedure litigation reform path to carry on the analysis,proposed to establish a neutral prosecutors as the main body in the case,set up a trial centered the lawsuit model transformation ideas,in the hope of pretrial detention in China program lawsuit reform path exploration benefit.The full text is divided into four chapters.Article first chapter to pre-trial custody procedure litigation summary of reform opening,divided into three parts,first of all define the concept of the pretrial detention,and introduce the purpose,function and principles of pretrial detention.Secondly,analysis the present situation of the pre-trial custody litigation reform in our country,points out that the plight of existence.Finally,the pretrial detention program analysis of the necessity of the reform of lawsuit.Article second chapter of pretrial detention in our country litigation reform from the analysis of existing obstacles and the reasons.First of all,analyzes the existing obstacles,pre-trial custody litigation reform mainly lies in: detention and arrest,detention confusion;Review very arrested mode of administrative examination and approval;Custody period and the period of time for handling the case confusion;Custody of poor relief channels and so on.Secondly,the obstacle of pretrial detention program,analyzing the reason of the litigation reform mainly lies in the judicial practice investigation centered backward way of thinking,at the same time,has long been arrested function of alienation,materialization of arrest procedures also hinder the pretrial detention program litigation reform important reasons.Article third chapter investigates outside the pretrial detention system mainly examines the Anglo-American law system,such as Britain and America,the pretrial detention system,France,Japan and Germany the pretrial detention system,through to the outside system,in-depth analysis and extracting worth our using for reference the mature experience.Article fourth chapter combined with the current judicial system reform of pretrial detention program how to lawsuit reform were discussed.First of all,of the existing two kinds of transformation path is introduced.For a modified form of the transformation path,trying to improve the quality of arrest within the existing legal framework,thus review mode for arrest lawsuit reform.A configuration for the system of the transformation path,trying to modify the criminal lawsuit system,promote the lawsuit,judicial pre-trial detention review mode.Secondly,put forward concrete transformation ideas: the independent prosecutor as the main body in the case,establish the lawsuit reform train of thought for the center with the trial.Finally,the path of the litigation reform of pretrial detention program to carry on the analysis,including detention and arrest,detention phase separation;Set up by prosecutors and investigators,defenders,as the main body of the proceedings;Perfect the approved conditions of detention;Given custody of the judicial relief channels;Will detain deadline and the reform of separating investigation,prosecution or trial period,etc.