Research On The Pretrial Detention Judicial Review System In China

In order to effectively combat crime,protect human rights and maintain the order of judicial procedure,China has successively established a judicial review system of pretrial detention since 2012,but these systems also brought a series of problems to the specific judicial practice.In order to comprehensively improve China’s pre-trial detention system,this study conducted in-depth analysis and research on China’s current pre-trial detention system,and believed that it should be improved and optimized from the following three aspects.First of all,in order to promote the optimization of pre-trial detention system,it is necessary to improve the theoretical research on the relevant system of pre-trial detention in China.In the process of theoretical research on pre-trial detention,we should comprehensively improve the relevant concepts of pre-trial detention,improve the principle of power restriction and the principle of human rights protection,and change the concept of rule of law of detainees and investigators.Second,pretrial detention system research should include the research on the application level,including the Chinese and foreign comparative analysis and study on the pretrial detention system specific judicial practice and relevant legal provisions,analysis the pretrial detention system in our country,points out the deficiency of the existing power misallocation,including the absence of legislation,legal consciousness is not strong and so on related issues,On the basis of learning from the excellent experience of relevant countries,combined with the condition of China,the development path to optimize China’s pre-trial detention system is studied.Finally,the paper studies the concrete measures to improve China’s pre-trial detention system.This part of the research mainly includes the following aspects: first,to comprehensively improve the pre-trial detention system related basic concepts.These basic principles should be implemented in judicial practice,the awareness of human rights protection of examiners and detainees should be effectively enhanced,and the standardization and practical effect of pre-trial detention can be improved by changing concepts and awareness of the rule of law.Second,standardizing the subject of review.In the process of the implementation of the pre-trial detention system,we should ensure that the procuratorate and the court play their due main role,which also needs to ensure their main status.Third,unify the examination standard of pre-trial detention system.It is necessary to comprehensively refine and clarify the examination methods and contents,and comprehensively improve its operability and standardization level.Fourth,optimize the procedure operation mechanism of pre-trial detention system.We can improve the transparency of the review of pre-trial detention system by perfecting and optimizing the review procedure.Fifth,improve the relevant supporting system of pre-trial detention system.Inside and outside our country can improve unicom and coordination mechanism to improve the pretrial detention system,can improve the system of some alternative of custody and measures,also can better play to the role of the lawyer,formation mechanism of internal and external coordination,better play to the effect of the pretrial detention system,improve the function and effect of pretrial detention in judicial practice.