On the Definition of the Functions of the System of Detention for Investigation——Also on the Establishment of the System of Detention Pending Deportation

This article sorts out the basis of the system of detention for investigation in the laws on the entry and exit administration of aliens in our country,analyzes the legal basis of the system of detention for investigation,and inspects the definition of the functions of the current system of detention for investigation.It holds that the current system of detention for investigation actually shows a tendency of duality in the definition of functions,which exists both as a measure of detention during investigation and as the means of detention pending deportation,and it is the dual function that leads to the flexibility of the deadline of inspection of detention and the difficulty in distinguishing the treatment of the examinees during detention,the disharmony between it and the system of administrative punishment and criminal penalty.As a matter of fact,to solve the problems of detention pending deportation through this definition is quite limited.So it is recommended in this article that a certain system of detention pending deportation be constructed,absorbing the function of detention pending deportation of the current system of detention for investigation,and the only function of detention during investigation of the current system of detention for investigation be reserved,thus being further improved.