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Our current pretrial detention system research

Author: ZhangJing
Tutor: YangYang
School: China University of Political Science
Course: Public Administration
Keywords: Pre-trial detention Criminal suit The presumption of innocence Judicial Review
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 92
Quote: 0
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Abstract


Pre-trial detention is defined as activities to ensure the smooth conduct of criminal proceedings , the court made ​​before the entry into force of the referee , the specialized agencies of criminal suspects and defendants temporarily deprived of the means of life severely restrict a freedom . All along , by the \the entire criminal prosecution activities custodial coercive measures of general application , so that criminal proceedings should have been part of the pre-trial detention safeguards , increasingly instrumentalized in practice , and even the nature of punitive penalties and advance with a direct or indirect result of the detention rate is too high , torture , extended detention phenomenon clusters , as well as the suspect in custody , the legitimate interests of the defendant's lack of effective protection and other issues. In this paper, literature analysis, research methods of comparative study , by comparing our current pre- trial detention before today's major systems and the rule of law in the judicial system controlled trial detention , detention regulatory body , the use of alternative measures of detention and detainees differences in protection of human rights , objectively pointed out the flaws of pre- trial detention current system and from establish a \four areas proposed to further improve the system of pre-trial detention for comments and suggestions.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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