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Our pre-trial detention System

Author: DuJunFeng
Tutor: WuHongYao
School: China University of Political Science
Course: Procedural Law
Keywords: Pre-trial detention Judicial examine Neutrality Reform
CLC: D925.2
Type: Master's thesis
Year: 2007
Downloads: 182
Quote: 1
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Abstract


Pre-trial detention(PTD) is one of the most important systems in criminal procedure that being extensively used in many countries and it plays an essential role in controlling crime and ensuring suit.However,it would seriously encroach on human rights of criminal suspect if it is not well conducted/applied.So many countries set strict limits on PTD from every aspect.In our country,there are some abuses from frame to practice in this field,which would definitely make it difficult to realize the essential aim in criminal procedure - to punish criminal and ensure human rights.This article tries to study PTD systematically,analyze the main problem in our PTD system and its underlying cause in a comparative way by using the mature legislations represented by British,German and Japan for reference,and lastly put forward suggestion to perfect PTD in our country.There are five parts in this article.Part One will study the definition,nature and function of PTD and define "pre-trial" in PTD,and then mainly investigate the procedure value of pre-trial.Part Two will study the historical development and present situation of PTD in our country.Part Three will introduce specific contents of PTD in Britain,German and Japan,and summarize the appropriate rules that is useful for our country by means of comparing and analyzing,Part Four will expound the main problem of PTD system in our practice,and try to find out the cause of this problem.Part Five will put forward a specific concept and value of reforming PTD system in our country on the basis of studying the mature legislations of other countries.

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