Research On Criminal Detention System

Criminal detention as an integral part of the complete system of the five types of criminal coercive measures stipulated in the Criminal Procedure Law is different from arresting such custodial measures,and it is also different from criminal detention as an alternative custodial method.Defamation is a case-based measure.Compared with the other four kinds of criminal coercive measures,the criminal restraint is the weakest and the shortest.However,criminal detention has its unique institutional functions and business arrangements.It is an indispensable member of the criminal compulsory measure system and plays a unique role in criminal proceedings.On the one hand,it is a means for the public security and judicial organs to ensure the efficient and orderly conduct of criminal litigation activities.It also ensures that the public security and judicial organs achieve the common goal of combating crimes and protect the people,and reflects whether the theory and practice of a country are truly in line with democracy,science,and The measure of civilization.As a three-linked process of investigations,prosecutions and trials in legislation,the main organs of public security,prosecution,and courts have been exposed to criminal prosecution measures.However,in the field of judicial practice,they have exposed a series of drawbacks and deficiencies,and criminal suspects have appeared.The fact that the defendant and the defendant have rights and interests will undoubtedly reflect the existence of deficiencies in institutional arrangements and law enforcement concepts.At present,China is vigorously advancing the construction of the rule of law.The concept of respect for and protection of human rights has also been increasingly internalized in the ideology of the public.The further advancement and implementation of the reform of the judicial system has actually led to the reform and improvement of criminal detention measures.Mature conditions and environment.The relevant judicial interpretations and applicable rules of the public security and judicial organs of our country have further refined the decision and enforcement organs,conditions,relative scope,and implementation deadlines of the measures on the basis of the Criminal Procedure Law,basically forming a system of criminal detention.The overall framework.However,the content is still quite principled and lacks operability,and there are problems such as narrow scope of application,unclear boundary with other measures,chaotic application order,and inapplicability of flexibility,which in turn makes the use of criminal detention limited to a very low level.Some functions are not fully reflected.In addition,the review and enforcement of criminal detention was entirely due to the lack of adequate external supervision by the same agency,the lack of right to rescue by the detainee,and the unhealthy traditions that have historically been emphasizing on entities,procedures,and guilty presumptions.The public security and judicial organs often seek one-sided pursuit of "factual truth" and contempt for protection of human rights in order to solve crimes.How to construct a scientific and reasonable,criminal arrest warrants that can take root has become one of the urgent problems to be solved in the current criminal litigation theory and practice field.Therefore,we must carefully analyze the basic principles of the criminal detention system,compare in depth the legislation and judicial realities of the criminal detention system in other countries and regions,absorb the advanced experience from the field through the perspective of the comparative law,and carefully examine and analyze the status quo and the actual operation of the criminal detention system in China.The inadequacies and shortcomings of the links have led to scientifically and rationally formulating measures and proposals for reforming and improving the measures.The relevant rules and judicial interpretations of the public security and judicial organs in China further stipulate the applicable subject,conditions,scope,and time limits of the application of criminal warrants on the basis of the Criminal Procedure Law,and basically form the overall framework of the criminal detention system..However,the content is still quite principled and lacks operability,and there are problems such as narrow scope of application,unclear boundary with other measures,chaotic application order,and inapplicability of flexibility,which in turn makes the use of criminal detention limited to a very low level.Some functions are not fully reflected.In addition,the review and enforcement of criminal detention was entirely due to the lack of adequate external supervision by the same agency,the lack of right to rescue by the detainee,and the unhealthy traditions that have historically been emphasizing on entities,procedures,and guilty presumptions.The public security and judicial organs often seek one-sided pursuit of "factual truth" and contempt for protection of human rights in order to solve crimes.How to construct a reasonable criminal detention system has become one of the urgent problems to be solved in the current operation of China's criminal procedure law.Therefore,we must carefully analyze the basic principles of the criminal detention system,compare in depth the legislation and judicial realities of the criminal detention system in other countries and regions,absorb the advanced experience from the field through the perspective of the comparative law,and carefully examine and systematically analyze the legislative status and reality of the criminal detention system in China.There are problems in the operation process,which systematically proposes a reform and improvement plan for the criminal detention system.The body of this article consists of four chapters:The first chapter is the legal analysis of criminal detention.This part first analyzes the definition of criminal detention and clarifies the two theoretical differences in the concept of criminal detention.Then the criminal sentencing was compared with subpoenas and administrative liens to make a theoretical distinction.Secondly,it describes the characteristics and system functions of the criminal arrest transmission measures,and finally reveals the basic theories and principles of the criminal detention system,thus providing theoretical and intellectual support and guidance for the overall analysis of existing problems and proposing solutions.The second chapter is the comparative study of compulsory measures of criminal detention.In this section,the legislation and judicial practice of the criminal detention measures in the representative countries and regions of the civil law system and the Anglo-American law system were respectively introduced.The system characteristics were summarized and the advanced experience and direction of improvement of the criminal warrants were revealed.It has given rise to the reference significance and enlightenment for the construction of Chinese criminal detention system.The third chapter,at present,the problems existed in criminal detention measures in China.This chapter mainly analyzes the problems existing in China's criminal detention transmission measures from the five aspects of the prohibition of criminal ruling,the poor operability of the rules,the narrow scope of application,the low application rate,the absence of external supervision of criminal detention,and the lack of remedy for false communication.Put forward sound opinions and lay a good foundation.The fourth chapter,The countermeasures of reforming and perfecting criminal detention system.This chapter is based on the previous chapter,based on a series of drawbacks and shortcomings that have emerged and been exposed in the current legislation and actual operations of criminal detention,and puts forward solutions in three broad areas:Strengthening the transformation of consciousness,improving the quality of judicial staff,improving system design,and coordinating criminal arrests and criminal summons The relationship with administrative liens.From the microscopic point of view,they should formulate detailed conditions for the criminal detention,specify and unify the time interval between the two arrests,expand the target range of criminal arrests,and include witnesses who are required to appear in the court and refuse to appear in court without proper reasons.Defamation,strengthening of the external supervision of criminal detention,establishment of a wrong system,and resolving the defects and deficiencies of the current criminal detention system from two levels,triggered the attention of academics and front-line judicial staff to the current criminal detention system in China.In order to solve the problem and overcome the drawbacks and deficiencies,make preparations.