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Preliminary criminal detention system in China

Author: ZuoQing
Tutor: WangHaiYan
School: China University of Political Science
Course: Legal
Keywords: Criminal detention Compulsory measures The principle of proportionality Writ Illegal evidence exclusion
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 189
Quote: 0
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Abstract


Criminal detention in criminal proceedings a mandatory measure is to discover and explore the facts of the crime , collect and preserve evidence of a crime , and to limit or deprive citizens of the right to property act. As the severity of criminal detention means of multi- national laws on criminal detention decision and implementation of strict regulation, which affected over the years because of the light weight program entity concept , criminal detention system is not perfect, there are still many problems in criminal custody This paper attempts to analyze the problems in the criminal detention , identify the problem, learn from foreign criminal detention approach to seeking solutions to the problems in the road. The first part of the criminal detention by describing the current status quo leads to problems in criminal detention . Seizure program does not open, transparent and other issues, leading to the seizure of criminal abuse of authority . The program does not comply with the investigating authorities seized without proper care is not timely return of seized property , seized in violation of the principle of proportionality phenomenon often occurs after human rights have been violated relative lack of Remedies. The second part analyzes the reasons for the various issues in criminal detention . The reasons for these problems are : first, the nature of the criminal seizure positioned right in our criminal detention mandatory measures rather than just enforcement measures . Secondly , criminal detention startup programs unscientific , it starts right belongs to the investigating authorities , prosecutors at all, but not all courts , prosecutors and police agencies and prosecution of criminal suspects to shoulder the responsibility , easy to expand the scope of distress , violation of human rights relative . And the reason is not clear seizure starts , to some extent, arbitrary detention condone the behavior . Once again, the custody of seized goods system and refund system is not perfect . The third part analyzes the western criminal detention system in common in order to learn from the successful experience of China's . Western countries generally identified by the judicial writ in criminal proceedings , the principle of proportionality , the exclusionary rule , and ways to provide relief for the parties . By analyzing the criminal detention system in western countries , this paper considers the following aspects need to improve our criminal detention system : First, improve the decision-making process in criminal detention , the implementation of the principle of judicial writ , while appropriate investigative authorities decided to retain seized right , a clear reason to start criminal detention program. Second, improve the execution of criminal seizure procedures to ensure compliance with the principle of proportionality investigative authorities in criminal custody , and the defense lawyer to ensure the relative presence of power. Third, improve the system of criminal detention in custody , separated from the seizure and custody of perishable goods price change custody , carried accounts of money and material control , which should be returned promptly refunded distress . Fourth, improve the criminal illegal seizure relief system , in principle, to exclude evidence obtained illegally detained , gives the parties the right to apply for review .

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