There are three types of detention stipulated by the current laws of China: criminal detention, administrative detention and judicial detention. As a compulsory measure to restrict personal freedom, there is a strict difference between criminal detention and the latter two kinds of detention.
Detention in criminal proceedingsis a compulsory method taken by the public security organ and the People’s Procuratorate to temporarily deprive the current criminal or major suspect of his or her personal freedom in case of legal emergency in the process of investigation.
Administrative detentionis an important and common administrative penalty. It refers to an administrative penalty that the statutory administrative organ (specifically refers to the public security organ) restricts the personal freedom of the person who violates the administrative laws and regulations in a short period of time.
(I) The difference between criminal detention and administrative detention:
(1) Applicable objects are differentCriminal detention is a compulsory method of temporarily restricting the personal freedom of the current criminal or major suspect taken by the public security organ in case of emergency during the investigation process, while administrative detention is applicable to the general illegal person, whose illegal act should be punished according to the corresponding administrative law, and his act does not constitute a criminal offence;
(2) The legal nature is differentCriminal detention is a kind of guarantee measure in criminal proceedings, which is not punitive in itself; Administrative detention is an administrative penalty made according to administrative law, which is punitive in itself;
(3) Different purposesThe purpose of criminal detention is to ensure the smooth progress of criminal proceedings, while administrative detention is to punish and educate general offenders;
(4) Different detention periodsThe ordinary criminal detention shall not exceed 14 days, and the detention period of major suspects who commit crimes in collusion shall not exceed 37 days, while the maximum period of administrative detention shall be 15 days.
Original article,If reprinted, please indicate the source:https://www.todaynews.cc/news/elkBKoY.html
