The Defects And Reconstruction Of China’s Pending Custody System

In criminal proceedings, to balance the punishment of crime and the relationship between protections of human rights is crucial. In the context of the normal conduct of litigation activities, to protect and achieve maximum right of human rights is the research focus in the field of criminal procedure system of every country. Pretrialcustody system in foreign countries has independent legal definition. It has a mature system of judicial review and the bail system. Custody of Criminal Coercive Measures of Criminal Procedure is not specified, but the detainees were detained after being arrested in a continued restriction, deprivation of personal freedom, nor the formation of an independent institution and system. This article has never been defined in custody must start with a brief introduction of the pending custody-related features, and then by the rationalityof the theoretical basis and limiting the theoretical basis of mutual opposition, elaborated grasp balance between development and constraints, a clear maximum suspects, liberty and the rights of criminal defendants guarantee limit litigation is pending custody system pursuit of the ultimate value.The imperfection of our pretrial custody system shows in the following four aspects:the strong attachment to system design, the lack of strict application of limited detention, the flexibility of detention period and weak protection of human rights and a serious lack of relief measures. The main cause of these problems is the decision of the administrative compulsory measures and review procedures of emptiness caused by the actual investigators in utilitarian value orientation serious lack of neutrality of places of detention, detention alternative measures imposed by imperfect. In comparison, the extraterritorial provisions of pretrial custody system are more mature. In Germany, France, Britain, the United States, pretrial custody review process has been clearly defined and detainees are specifically and clearly provided with full rights, such as non-through statutory procedures shall not be deprived of the right to personal freedom, the right to seek the help of a lawyer. The bail system andhabeas corpus system in Common law countries and the judicial review system in civil law countries, is more characteristic of western effective judicial relief system to protect the legal rights of detainees. Analyze and summarize the mature relief system of extraterritorial pretrial custody which has more judicial review procedures and other characteristics, is worth leaning in our custody pending establishment of the system.In the trend of respecting and protecting human rights, a review mechanism after catching detention is in need. The protection of human rights of detainees in our country has opened a new chapter of great practical significance and meaning of the rule of law, China should seize this opportunity and try to gradually establish and improve the country’s judicial review system, improve the application of alternative enforcement measures and changes in places of detention under the property to protect the legitimate rights of detainees. We should constantly enrich and develop relevant content, and gradually the country not Custody decisions independent institutional system and lay a solid foundation reconstruction, reconstruction of our country from pretrial custody system, the legitimate rights of detainees in order to obtain the maximum degree of effective protection and implementation, and ultimately punish crime and protect the human rights of criminal combine lawsuit worth pursuing.