| In Chinese criminal procedure law, pretrial detention is not separated from criminal detention or arrest, whether in terms of substantive conditions or in terms of procedures of application. On the other hand, in the trial and pretrial stage, the application of pretrial detention is almost totally attached to the criminal investigation and prosecution, without any independent and closed system of judicial control. Therefore, there are apparent defects in the pretrial detention system in terms of initiation, review, time period, place of detention, and remedies. In order to improve the pretrial detention system, China must truly implement the principle of the rule of law and introduce the mechanism of judicial review in the area. This will be ultimately dependent on the reform of the entire judicial system, even of the constitutional system. |
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