On The Reform Of Chinese Pending Custody System

Pending custody system is an important part of criminal procedure system. It is a kind of coercive measures which is aim to deprive the defendant freedom before the effective judgment given. Our measures of pending custody were divided into two categories, criminal detention and arrest. Criminal detention was a kind of coercive measures which public security organs or the People's Procuratorate take in the investigation of criminal cases in order to ensure criminal suit's smooth. An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime.In recent years, internet hotspot which is about the administration of justice caused widespread concern. These cases revealed that our pending custody system has much inadequacies, for example, detention without judicial review in criminal cases can last 37 days, arrest is not as a public trial as to allow public participation, the lack of the necessary regulatory neutrality led to a number of unnatural deaths of detainees.United States, Japan, Taiwan Province's pending custody system are both the representational system in the world, they both take the principle of constitutionality,the principle of exception,the principle of temporariness,the principle of separation of investigation and detention and the principle of judicial review as basic principles. Japan and Taiwan Province's pending custody system are based on the traditional oriental culture and western legal system. Therefore they are worth learning to our country which has the same legal culture with them.This article was divided into three chapters.The first chapter is divided into five sections. In the first section the author discusses the arrest of proof standard in China. In the second, third and four the author discussed the shortcomings of arrest approval process, arrest and detention period and described some shortcomings which exist in"Case Liang Li". The final section of the chapter, the author introduced the shortcomings of criminal detention and noted that these defects such as long periods of detention, the lack of judicial review should be improved.In the second chapter the author briefly introduced the United States, Japan, and Taiwan Province's pending custody system, and analyzed common features of three countries and regions'pending custody system.The third chapter is about a tentative idea of future's pending custody system in our country. Based on the analysis of first and second chapter the author suggested adjusting the sort of measures of pending custody, establishing the new "arrested" and "detention" system.