2006Journal of Liaoning Police AcademyRequires access

Perfecting the Pretrail Detention System of China through Legislation

Cui Xuemei

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Abstract

The pertrail detention system has many problems.For example,the detention rate is high,the beyond time-limit detention is general,arrest doesn't be separated from detention,the custody doesn't protect the detainee's right sufficiently.The main reason is that the Criminal Process Law lacks of scientific and reasonable regulations about it.To make the department of jurisdiction work well and protect the detainee's profits,the legislature should make law to limit the time of detention,separate arrest from detention and reform the custody system.

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The pertrail detention system has many problems.For example,the detention rate is high,the beyond time-limit detention is general,arrest doesn't be separated from detention,the custody doesn't protect the detainee's right sufficiently.The main reason is that the Criminal Process Law lacks of scientific and reasonable regulations about it.To make the department of jurisdiction work well and protect the detainee's profits,the legislature should make law to limit the time of detention,separate arrest from detention and reform the custody system.

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Available abstract

The pertrail detention system has many problems.For example,the detention rate is high,the beyond time-limit detention is general,arrest doesn't be separated from detention,the custody doesn't protect the detainee's right sufficiently.The main reason is that the Criminal Process Law lacks of scientific and reasonable regulations about it.To make the department of jurisdiction work well and protect the detainee's profits,the legislature should make law to limit the time of detention,separate arrest from detention and reform the custody system.

Key concepts: Law, Jurisdiction, Legislature, Preventive detention, Political science, Legislation, China, Criminal procedure

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