Research On The Review System Of Pretrial Detention In China

Pretrial detention,while can effectively restrain crime,may infringe upon citizens'personal freedom,therefore it must be carried under strict censorship.However,following problems exist in China's current pre-trial custody censorship:lack of neutrality for decision-makers in detention and arrest,administration of review in pretrial detention and lack of ways of pretrial detention and relief after review,etc.All those problems directly contribute to frequent improper custody,lengthy pretrial detention,and even illegal detention before trail in China.To improve China's pretrial detention system,the theoretical foundation of the pre-trial custody review should be accurately understood.And we shall,based on the current regulations of our country,drawing lessons from the beneficial experiences of foreign countries,achieve this goal from the following approaches:We should,under the necessary premise of separate situation of arrest and detention,maintain the principal status of the investigating and prosecuting apparatus in judicial examine,while taking background that the reform of the present supervision system makes the power of investigation separate from the procuratorate into consideration;Build a litigation form of pretrial detention and prosecution review,in the form of hearing,and make decisions like granting custody and rejecting the custody or change the compulsory measures in light of the specific situation of the case;Design effective relief ways of pretrial detention review to allow the criminal suspect to apply for reexamination to their original procuratorial organs and submit for reconsideration to the procuratorate at the next higher level within the statutory time limit;Meanwhile,improvement of relevant supporting system,such as to enrich alternative measures of the legal custody,to change the system of ownership of detention house,and to strengthen the participation of defense lawyer in pretrial procedure,etc.should be made.