英文摘要 |
There is a bidirectional relationship between consultative justice and the application of pending detention: consultative justice is objectively conducive to reducing the application of pending detention, especially shortening the period of detention; the application of pending detention may aggravate the inequality of consultation and even become a tool of oppressive consultation. A series of procedural safeguards established in the due application of pending detention will help to reduce and control the negative impact of pending detention on negotiation voluntariness. The application of pending detention in the context of the operation of the leniency system in China does not present a completely ideal state: on the one hand, the positive impact of the leniency system in restricting the application of pending detention has not been brought into full play; on the other hand, it is difficult to rule out the possibility that pending detention affects the voluntariness of negotiation. In terms of the improvement in the future, on the basis of the independent establishment of the pending detention system, we should establish the basic concept of ''detention is the exception and non- detention is the principle'', give full play to the positive role of the e~ merging judicial model of leniency in reducing the application of pending detention, and try our best to prevent the negative impact of pending detention on the voluntariness of leniency. |