Study On The System Of Pretrial Detention In China

In China's criminal proceedings,pretrial detention is not an independent and complete system.Detention runs through the whole process of criminal proceedings and substantive elements and procedures are dependent on two measures of detention and arrest.There are obvious deficiencies in pretrial detention,such as the conditions of application,the time and place of detention,the examination of necessity,the alternative measures and the relief of rights.The new criminal prosecution has amended the related contents of the detention,however,the abuse of pretrial detention measures,the high detention rate before trial and the replacement of detention measures are still existing.n this paper,the theoretical foundation,the legislative orientation,the limitation and the tolerance theory are summarized and integrated,and the current research status of some scholars in the theoretical circles is combed.This paper analyzes the current situation of the undetermined detention system in China,including the application conditions,the decision and the implementation subject,the time limit and the place,the replacement and relief and so on.It combines the report of the most high court,the most high test,the guidance case and the judicial practice in various regions,and through the related data chart and case analysis,the custody of our country is undecided.The abuse and generalization of detention,the non independence of the detention system,the imperfection of the necessity examination system,the deficiency of the alternative measures in custody,the imperfection of the remedies and the crimes of imprison and so on.On the basis of the enumeration and comparison,from the applicable procedures,relief measures and judicial review,the United States,Britain,Germany,Japan and other countries in the system are different from our country.Therefore,it is necessary to establish a rationalization system for pretrial detention in China.It includes the establishment of guiding principles,the construction of independent detention procedures,the implementation of the necessity of detention,the improvement of alternative measures,the relief of the rights of the detainees and the completeness of the supporting lawyer system.In this part,an independent pending custody system is put forward,which puts forward new views on the independence of detention places and the review of the necessity of detention.