On Reconstruction On Arrest Custody System In China

Throughout all parts of the world’s legal system, there are two main kinds of arrest and system model, one kind is the separation of arrest and detain system model, this model represented by western countries; One was arrested and detained one pattern to our country the most typical. Two systems model both in concept and connotation, or examination and approval procedures, the concrete application of the object has a great difference. Law in western countries, the means of suspected arrested just as accomplices, generally no more than48hours, and the measures of suspected is long deprived of personal freedom, the two are mutually belongs, two independent of each other compulsory measures. But in our country criminal prosecution, custody is detention and arrest, of course, as a result, as long as there is detained or arrested, inevitably cause custody. And, pending custody in our country and criminal detention, arrest, whether in the application of the program or in the applicable conditions, are not separate, they are together. Is the unity of our country is arrested for custody system model. Namely, our country is not an independent, it can be said for the "custody" of compulsory measures, but merely detention or arrest in the results, of course, was arrested and detained both compulsory measures the composition of the content. According to the law in our country, can draw, arrest and detention constituted the entire content of the pending custody. In judicial practice, a large number of detention and torture of suspects are in this stage, it can be seen that the arrest custody system is reasonable is directly related to human rights guarantee. And the emergence of these problems are also exposed the arrest of detention and the malpractice of the system model. Through the comparison of two system model, the system of arrest of detention in references, western countries in China is proposed on the basis of building adapted to China’s national conditions of separation of arrest and detention, on this basis, the building structure is rigorous, content and reasonable way of arrest detention applicable conditions, review, review procedures, and relief way.