The investigation stage custody Basic Research
|School||Southwest University of Political Science|
|Keywords||Investigation stage Detention System International Criminal Justice Standards Personal freedom Operating Status Issues The current Criminal Procedure Law Judicial Review Extended detention Criminal detention|
Custody a completely deprive citizens' personal freedom, its forces than many penalty, is the abuse of civil rights will be extremely serious harm. In recent years, with a series of extended detention cases of exposure, the problem of abuse in custody investigation stage caused widespread concern of theoretical and practical circles. However, our theoretical study on the custody of the investigation stage is particularly weak, and unable to make timely and effective response to the status of judicial practice. Therefore, the author of the spirit of the rich and the development of the purpose of the investigation stage, the custody theory as well as improve the detention system run status quo of China's investigation stage, the investigation stage will be the custody of the basic problem for a system, in-depth research. The full text is composed of five parts, a 30,000 seven thousand words. Part I: the basic theory of the custody of the investigation stage. This section includes three elements. First, clear the legal status of the custody of the investigation stage. Pointed out that the detention of our country is not a statutory mandatory measures, but the continuing restrictions brought about by the application of criminal detention and arrest suspects based on the comparison of the legal status of foreign custody, according to the current provisions of the Code of Criminal Procedure the personal freedom of the person, the defendant, of course, state and the inevitable result. Second, analysis of the measures were aimed at the investigation stage custody. Pointed out that as the nature of the measures of detention of one of the criminal coercive measures only as a procedural safeguards, non-punitive characteristics on the basis of further pointed out that the main purpose of the investigation stage custody measures of procedural safeguards. Finally, from the two aspects of the basis of the moral and legal basis of the investigation stage detention measures exist the investigation stage detention measures exist legitimacy argument. Part II: A comparative study of the detention system. This part of the comparative study method to make a brief detention regime in Western countries, but as systems analysis, focused mainly on the issue of custody judicial control. The article focuses on judicial review of the program from the start of the detention program, the custody of judicial relief, neutralize the three angles of places of detention to be addressed. Part III: International Criminal Justice Standards Perspective custody principle. About the custody of the provisions of the International Criminal Justice Standards mainly the following five areas: the exception to the principle of presumption of innocence, to the custody of legal principle, the principle of proportionality, the principle of judicial control (including judges retain the principle and the principle of judicial proceedings), and pointed out that China's current legal provisions of international criminal justice standards gaps. Part IV: China's investigation stage to the custody of the history and current situation of the system. Consists of two parts. First, discusses the history of the investigation stage in custody, from ancient to modern times, after the founding of New China, three stages of the history of China in custody investigation stage system. Followed by a critical analysis of the status quo in custody at this stage the investigation stage in China. Pointed out that the legislation defects and run the status quo of the investigation stage system of detention.