The Cause And The Way Of The Decrease Of The Undecided Custody Rate In China

Our country law is not of pending custody concept gives clear definition,it is generally believed,pending custody refers to the investigation organ in accordance with the law temporarily limit,to deprive the defendant was not court a legal procedural preservation measures of personal freedom.In our country,the nature of the pending custody is a deprivation of personal freedom of criminal proceedings compulsory measures,is to safeguard investigation,prosecution and trial activities smoothly a non sanctions program preservation measures,because our country will be pending custody,as an inevitable consequence of criminal detention and arrest after apply and state,so not with the detention and arrest,huge intervention rights on the accused person.At present,our country’s rate of custody pending the points before have obvious drop,embodied in the pending custody close to 100% from the 1990 s gradually decreased from 2013 to about 70% of new "criminal procedural law" before,and in the criminal procedure law revised still remain at about 50% to 60%.Reason is influenced by many factors,both in the legislation of the top-level design,including the concept of amend the criminal procedure law,and safeguard human rights into the constitution,the microscopic regulation and concrete system specification,including criminal settlement policy,the policy for the protection of minors,social risk,custody,need for censorship,to carry out the investigation supervision function,both to adapt to the social changes of the new crime cases,such as dangerous driving light punishment,and affected by the judicial management changes in the internal evaluation mechanism.A criminal suspect or defendant important personal freedom of the pending custody system is optimized at the same time,we should also see objectively its insufficiency,which the current our country pending custody have fallen but remains high,main performance is: the high rate of custody pending in our country,compared with other countries,the phenomenon of abuse post-sentence detention,arrest of misdemeanor rate high,pretrial detention period is long,the alternative compulsory measures applicable rate is low.At present,there is a further decrease in the real demand and reasonable space for further decline.Our country should build system of separating the arrest and detention,perfect the detained person right remedy measures,expand the legal aid lawyers in the role of the review of pre-trial custody,strengthen the standardization of the use of social risk conditions,strengthen the lawsuit of custody review modification,so as to reduce the rate of custody pending in our country.