On Sentence Set Off Against

There are four chapters in this thesis. In the firstchapter, it is about a logic basis of studying about considering the term incustody as one sentenced (CTCS), which mainly discusses its meaningand the difference from punishments transferred. In the second one, it is astudy about CTCS's value basis. In this one, the author thinks that CTCSis an important embody of the criminal justice, the respectful humannature, the safeguarded human rights and the modernization of thecriminal law. In the third one, it is about the applied requirements onCTCS, which mayoralty expounds the meaning and concrete contents ofCTCS's essential and formal regulations indispensably in applying CTCS.Among these ones, the essential content is the spirit and value selectionof the criminal law in the CTCS;the formal ones are those basicregulations deciding in form whether the CTCS is applied or not, anextrinsic embody of the essential one, and the concrete applied criteria toCTCS. There are three aspects interconnected unanimously. In theapplication of the CTCS, there are the following compulsory measures inChina: arresting, attaining in all, keeping somewhere to be interrogatedby a public security organ, reeducating through labor, housing tointerrogate, "two stipulations", living at somewhere under surveillance,obtaining a guarantor or guarantee to await trial out of custody and so on.All these should be considered as one sentenced on a various level at thelight of the concrete matter. In the forth one, it is how to make perfect forthe legislation of the CTCS in Chinese criminal law. In this passage, notonly some problems about the CTCS are delivered but also a fewpurposes are made.