On the Procedure of the Criminal Custody
OU Wei-an
Abstract
OU Wei-an
Abstract
Legitimate of our criminal procedure has been widely doubted and criticized as a result of the unreasonableness of the criminal custody.In comparison of the regime idea,the regime principle, the regime operation of the criminal custody between China and other countries,it is shown that our criminal custody is absent from self-rethinking.On the basis of abstracting the reasonableness of the criminal custody of the western, the thesis argues that the new method for reforming our criminal custody is set upa procedure. In other words, the legitimate of the criminal custody may be developed by judicial authorization, judicial examination and protecting the rights of the arrested.
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Legitimate of our criminal procedure has been widely doubted and criticized as a result of the unreasonableness of the criminal custody.In comparison of the regime idea,the regime principle, the regime operation of the criminal custody between China and other countries,it is shown that our criminal custody is absent from self-rethinking.On the basis of abstracting the reasonableness of the criminal custody of the western, the thesis argues that the new method for reforming our criminal custody is set upa procedure. In other words, the legitimate of the criminal custody may be developed by judicial authorization, judicial examination and protecting the rights of the arrested.
Key concepts: Criminal procedure, Political science, Law, Criminal law, China, Criminal investigation, Authorization, Criminology