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Study on Pretrial Detention System in China

Author: WeiLing
Tutor: YinChunLi
School: Anhui University
Course: Legal
Keywords: Pre-trial detention Judicial Review Relief
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 60
Quote: 0
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Abstract


Pre-trial detention system in order to protect the investigation, trial, and execution of punishment Criminal activities proceed smoothly, leaving the suspect in the court before the trial judiciary shall be temporarily restricted, a measure of deprivation of liberty. Such measures will effectively protect the conduct of criminal proceedings, but can easily unconvicted rights violations. Pretrial detention system settings are reasonable, whether the execution of justice, the Authority is valid broadly reflects the level of a national criminal degree of the rule of law and protection of human rights. Therefore, the world of pre-trial detention more stringent and prudent provisions. At present, China's pre-trial detention system still exists many problems need to be further improved and perfected. On the legislative front, the positioning of the right to judicial review of scientific catch charge, regardless of dummy alternative measures, resulting in pre-trial detention for a high rate; custody applicable, places, procedures and deadlines set unreasonable, illegal lack the custody of sanctions mechanism, resulting in extended detention, forced confessions prominent phenomenon, difficult to get relief of detainees' rights; channels of supervision and poor, there are all kinds of problems of the implementation of the pre-trial detention. Although in recent years China's legislation has been paying more attention to the protection of the rights of the detainees, but the design of the system of pre-trial detention or investigate the facts of the case, the protection of the proceedings at the core, for the protection of the rights of the detainees and judicial relief efforts are not enough these problems directly related to the protection of human rights in criminal proceedings, and even affect the realization of the administration of justice. Therefore, the reform of pre-trial detention should be included in the reform of the criminal proceedings, at the same time learn from the advanced experience, combined with China's legal environment and the needs of the criminal proceedings, the clear focus of pre-trial detention and arrest of the separation, the legislation provides a reasonable standard of detention and build on this basis, the judge examines the main system of judicial review by a neutral judge the rationality of custody review hearing or written procedures to regulate the implementation of the pre-trial detention procedures; build on the basis of scientific censorship, the detention center, separated from the public security organs, clear neutrality, the detention period and an extension of the approval process required legislation clearly stipulates the relief on the rights of the detained person, needed given its reconsideration and request the right to compensation ; In addition, to strengthen the supervision of pre-trial detention acts, the main detention center, oversight, smooth lawyer supervision and media monitoring channels at the same time; Finally, alternative measures to improve detention, especially to build the bail system in line with China's national conditions, alternative measures applicable rate, thereby reducing the applicable pre-trial detention. In short, the reform and improvement of the system of pretrial detention is a long and arduous work, it relates to the transformation of the concept of criminal justice and the powers and responsibilities of the adjustment of the various departments, and can not be is simple done overnight, requires both scholars and thinking, but also the need to combine improve judicial practice, both to learn from the advanced experience, but also in line with China's national conditions and judicial practice, and gradually build with Chinese characteristics, in line with the people justice needs of pre-trial detention system.

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