The Empirical Research Of Application Of Detention By The Procuratorial Organs

Criminal detention is one of the most common compulsory measures for the procuratorial organs in self-investigation cases,which aims to ensure the smooth operation of criminal proceedings.However,in practical execution and application,criminal detention plays an important function in fighting criminals.The inherent deficiency of criminal detention measures in the legislation,the lack of supervision mechanism and examination pressures faced by the case-handling organs cause the compulsory measures suffering many controversies in the implementation process.This paper adopts the method of empirical analysis,makes field researches of the application of self-investigation cases by the procuratorial organs in C city,combines with the theory,takes the investigation of the crime by taking advantage of duty,analyzes the problems in the application of criminal detention and the reasons therefor and proposes corresponding measures for the improvement of the system of criminal detention.This paper is divided into two parts: introduction and body,which include the following contents:Part One,through field researches of the application of self-investigation cases by the procuratorial organs in C city,analyzes and concludes some deficiencies of the application of criminal detention in handling the crime by taking advantage of duty by the procuratorial organs,such as the excessive use of criminal detention measures,flexible execution of related laws and regulations,lack of supervision mechanism for approval procedures etc.,all of which committed by the investigation departments of the procuratorial organs not only infringe upon the legitimate rights and interests of the criminal suspect,but also undermine the authority of the law,and even greatly increase litigation costs.Part Two analyzes the harm and causes of the improper criminal detention measures in the process of handling the crime by taking advantage of duty.Firstly,this part analyzes the purpose of the use of compulsory measures in the case of the crime by taking advantage of duty,and points out the influence of the traditional concept of handling cases on the justice of modern criminal procedure.Secondly,this part analyzes the defects of criminal detention system from the perspective of legislation.Thirdly,this part analyzes the present situation of investigation of the crime by taking advantage of duty by the procuratorial organs,and then discusses the influence of handling appraisal system on the investigators in handling cases,combines with the current social situation to explore the reasons for extensive use of criminal detention by the investigation organs.Part Three elaborates the necessity of improving criminal detention,and proposes countermeasures to solve the improper application of criminal detention measures in the investigation department of the procuratorial organs.The author holds that first of all,it is required to improve the related system of criminal detention,such as the condition,procedure and subject of the use of detention measures.the coSecondly,it is required to establish the corresponding supervision mechanism.Finally,ncept of detention should be changed.