Research On The Pretrial Custody System

The pretrial custody system is an important one in the criminal process area. In this article, the author makes an important analysis to the nature and purpose of the pretrial custody and the reform of procedural punishment measures, based on the concept of the pretrial custody. This article attempts to discuss the pretrial custody all-sidedly, the relation of the custody with the constitutional rights protection, and the reform of the entire judicial system with the comparative study. In an attempt to offer a reasonable routine of the detainee's rights protection and remedies, the author make some suggestions of the reform of the pretrial custody system.This article can be divided into four parts. The first part tells about the basic meaning of pretrial custody, the concept, the nature, the purpose, and puts emphasis on the nature. The study area of pretrial custody and the"pretrial"word should be corrected and redefined. The study of the confliction and balance of the purpose refer to the essence.The second part introduces the contradiction of operating the power of custody and protecting human rights, the appropriateness of purpose and the basis for the legal principle of restricting the pretrial custody in importance to practice the innovation of the criminal procedure.The third part introduces the western countries'content of the pretrial custody, such as England, America, Germany, France, Japan, etc. This article attempts to discuss to the pretrial custody all-sidedly and illustrates the power, time limited, place of detention, the detainee's rights, judicial remedies, substitutive measures of the pretrial custody.The forth part introduces the current situation and questions from legislation and practice, puts emphasis on the foundation of procedural punishment system, and improves our state's the procedural rules of the pretrial custody.