Reconstructing Chinese Alternative Measures Of Post-sentence Detention

In the criminal procedure law system in different countries, the toughest custody pending is one of the compulsory measures .The criminal suspect or the defendant is once custody, and his personal freedom by related basic rights will then be temporarily deprived of. Therefore, different degrees of post-sentence detention are strictly controlled in many countries. In recent years, with the emphasis of human rights protection in criminal lawsuit, the existing problems of custody pending in judicial practice are also gradually being exposed, such as illegal custody, extended custody and the punishment of custody. In present criminal justice system and the present post-sentence detention system, the occurrence of this phenomenon is almost inevitable. With legal ideas gradually pervasive and the human rights getting stronger appeal today, it is necessary for us to make deep reflections of Chinese post-sentence detention system and to find reform wisdoms. Therefore, the author thinks that we should learn from foreign related advanced system such as the bail system and reconstruct Chinese feasible alternative measures of post-sentence detention from the perspective of the guarantor pending trial.