Pretrial Detention Judicial Control
|School||China University of Political Science|
|Keywords||Pre-trial detention The balance of powers Neutral Judicial Review Judicial relief|
Pretrial detention suspects in criminal proceedings in the court prior to the trial that is to be imprisoned a compulsory measure temporarily deprived of their personal freedom . As the most stringent enforcement measures in the criminal proceedings , pre-trial detention to ensure that the investigative agencies in the investigation to collect evidence , timely , accurate facts of the case have an important role . But, on the other hand , pursue, punish the perpetrators at the same time , the coercive measures that are closely related to personal freedom and other basic rights as a criminal suspect , pretrial detention improper , if applicable , not only will not bring the expected positive results , but also be the personal rights of the suspects caused serious prejudice . At the same time in order to make this important coercive measures to effectively play its due role , nor be the human rights of detainees and causes undue damage to most of the world countries , through the establishment of a neutral judicial review mechanism on necessary to control the judicial pre-trial detention . China in this regard than in the past have made great progress , but did not establish an effective judicial control mechanisms , judicial practice of illegal detention , extended detention and other human rights violations have occurred . This paper analyzes the problems and causes of pre-trial detention , and in the draw on the basis of the relevant provisions of the Western countries on the Establishment of trial custody before the judicial control point conception . The text is divided into the following parts: the first part is the legal basis for judicial control pretrial detention . Brief introduction to the theory of the balance of powers , the principle of the presumption of innocence and due process theory expounded the need for control of the judicial pre-trial detention , and from the three aspects . Judicial control of pre-trial detention to implement not only the requirements of these legal theories , is also an important manifestation of the Criminal .