Study on Separation between Detention Period and Handling Period——Concurrent Study on How to Perfect Provisions of Detention Period in China
WU Zhuan-sheng
Abstract
WU Zhuan-sheng
Abstract
Specificity of pre-trial detention in its content leads to the differences between detention period and handling period.To establish legal principle in detention and stipulate compulsory attendance measures and detention measures respectively can separate detention period from handling period.The Criminal Procedure Law of China has following problems: provisions of investigation detention period is ambiguous;detention period and handling period are confused;exercise of police power of arrest lacks regulations.Therefore,principles of separation between detention period and handling period as well as that between detention measures and compulsory attendance measures should be established in China.Detention period should be reasonably specified and invisible extended detention should be eliminated.
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Specificity of pre-trial detention in its content leads to the differences between detention period and handling period.To establish legal principle in detention and stipulate compulsory attendance measures and detention measures respectively can separate detention period from handling period.The Criminal Procedure Law of China has following problems: provisions of investigation detention period is ambiguous;detention period and handling period are confused;exercise of police power of arrest lacks regulations.Therefore,principles of separation between detention period and handling period as well as that between detention measures and compulsory attendance measures should be established in China.Detention period should be reasonably specified and invisible extended detention should be eliminated.
Key concepts: Period (music), China, Immigration detention, Law, Political science, Human rights, Physics, Acoustics