2010Journal of Hunan International Economics UniversityRequires access

Analysis of Causes,Harms and Countermeasures about Extended Detention in Criminal Cases in China

Luo Chang-kuan

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Abstract

The causes of extended detention in criminal cases in China mainly lie in the insufficiency of law enforcement idea,system and legislation.Extended detention not only infringes people's legitimate rights and interests,obstructs the increase of criminal procedure efficiency,but also affects the image of public security organs and judicial administrative organs.The countermeasures to solve the problem of extended detention are:to set up a notification program of extended detention and a review procedure for confirming the necessity of extended detention,to perfect the measures of awaiting trial on bail,to set up one system for both arresting and lawsuit;to enforce the obtainment of evidence and investigation activities,to draft and complete accountability system of extended detention,to perfect the system of requesting instructions and submitting reports as well as cooperation mechanism among departments.

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The causes of extended detention in criminal cases in China mainly lie in the insufficiency of law enforcement idea,system and legislation.Extended detention not only infringes people's legitimate rights and interests,obstructs the increase of criminal procedure efficiency,but also affects the image of public security organs and judicial administrative organs.The countermeasures to solve the problem of extended detention are:to set up a notification program of extended detention and a review procedure for confirming the necessity of extended detention,to perfect the measures of awaiting trial on bail,to set up one system for both arresting and lawsuit;to enforce the obtainment of evidence and investigation activities,to draft and complete accountability system of extended detention,to perfect the system of requesting instructions and submitting reports as well as cooperation mechanism among departments.

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Available abstract

The causes of extended detention in criminal cases in China mainly lie in the insufficiency of law enforcement idea,system and legislation.Extended detention not only infringes people's legitimate rights and interests,obstructs the increase of criminal procedure efficiency,but also affects the image of public security organs and judicial administrative organs.The countermeasures to solve the problem of extended detention are:to set up a notification program of extended detention and a review procedure for confirming the necessity of extended detention,to perfect the measures of awaiting trial on bail,to set up one system for both arresting and lawsuit;to enforce the obtainment of evidence and investigation activities,to draft and complete accountability system of extended detention,to perfect the system of requesting instructions and submitting reports as well as cooperation mechanism among departments.

Key concepts: Criminal procedure, Legislation, Lawsuit, Political science, China, Law, Enforcement, Accountability

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