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Reform of China’s Pending Custody

Author: LiQing
Tutor: ZhouGuiDang
School: Lanzhou University
Course: Legal
Keywords: pending custody extended custody before trial reform of pending custody
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 103
Quote: 1
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Abstract


Detention pending of the criminal justice system is an important component of the criminal system. Around all of the world points of view, the status of implementation of this system can be characterized to some extent, the level of a country’s rule of law, but also can characterize a state of civil rights in criminal proceedings, the protection situation.However, in a long time, the legal experts on the problem of extended detentions before trial the theory is lack of systematic research, although some scholars have published a series of research results, but these studies were limited to the rights of custody pending in the analysis of the status, moreover, mostly just stay in one or two aspects. Overall, the legal experts are on the basis of pending custody system theory:current status, which is the problems and the related lacks of civil rights protection in depth, systematic study. The status of academic research led directly to two results:firstly, the official in the governance "extended detention" when trying to loss; Secondly, the delay through the legislative process to solve this problem.In the first part, It is discussing start from the dispute by the case of Duo Maomao, which is come to the focus of a pending custody of some of the basic issues. These issues include:the law on the exercise of custody regulations, which is the judiciary for the enforcement of criminal coercive measures and judicial organs and departments other than the impact of the case.In the second part of the basic theory is detention of pending analysis. Respectively, in custody, detention status, detention system, and those of which have reasons for extended detention of four aspects, to discuss basic issues in custody pending. Firstly, the concept of custody through the definition of the comparison, determining the right of this article discusses the basic concepts of custody; and the status of detention in China are analyzed, and furthermore, the points is out that China’s current problems existing in custody, including extended detention, the problems facing the implementation of custody, and for reasons other than justice, etc; then it will be analyzed on the detentions of system, besides, all of these is summed up the reason for the existence of extended detention.The third part of the dilemma has never been in custody proceeding must firstly clear that some of the legal traditions of China’s own culture and legal environment in China, a series of judicial and social factors on the specific impact of pending custody, which is followed by further analysis of the outstanding need for detention reform and reform in China detained the specific path. It involves the face of China’s legal system faces unique aspects of the environment should consider and how to open custody system in China’s reform. It is completed that the analysis of the pending custody systems and its reform.

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