The utilization of pretrial detention,which constrains and expropriates the human rights of citizens,should be of legitimacy. That is to say,the implementation of pretrial detention must follow the standards of legitimacy and legal procedures. To guarantee the legitimacy,the process of pretrial detention should stick to three principles,the presumption of innocence,judicial inspection and proportion. The legitimacy benefits constructing the system of detention,preventing the alienation of pretrial detention,saving the judicial resources,perfecting the litigation structure,and improving non-costidal measures. Aiming at the deficiency of the legitimacy of pretrial detention in present China,there are necessities of promoting the constitution awareness of protection of human rights in criminal process,of constructing factual standard systems of legitimacy,and of perfecting the due procedural mechanism of pretrial detention.
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