| The combination of arrest and detention and the high rate of detention are the two characteristics of pretrial detention in China.Through data analysis,the change of substantive law has led to a significant "visual" decline in the rate of pretrial detention in China,but the reality of detention litigation in China has not changed substantially.At present,the trend of light punishment in China is obvious,and the accused person voluntarily admits his guilt and reduces its social harm.The non-detention means for the accused person who is not necessary to be detained conforms to the theory of human rights protection and the value pursuit of guilty punishment,and embodies the spirit of judicial tolerance and saves judicial resources.However,under the influence of the old judicial concepts such as "arrest instead of investigation",in practice,part of the case handling personnel "arrest when the crime is enough",resulting in the abuse of custody compulsory measures,contrary to the judicial reform spirit of "speed and leniency"."The principle of detention" intensifies the imbalance between the accused and the defense in the case of guilty plea,and the voluntary nature of the accused cannot be guaranteed,which leads to the realistic danger of alienation of the system of leniency of guilty plea.Push pleaded guilty to forfeit the custody guarantee accused guilty pleas is forfeit their voluntary,achieve the equilibrium of defendant,prerequisites,at present our country pleaded guilty to forfeit their related supporting system is not perfect,also exist obstacles in such aspects as social identity,relevant litigation rights shall be protected by the implementation of the criminal suspect,ensure suspects confessed forfeit their voluntary and legitimation,and through the way such as perfecting the necessity custody censorship gradually reduce pleaded guilty to forfeit their rate of custody in the case,protect the value of greater confessed forfeit system implement. |
PDF Full Text Request