On The Perfection Of The Pretrial Capture System

The pretrial capture is one of the important measures among the compulsory measures in the criminal action of our country, and since our country practices the compulsory measure system of integrating capture and putting into custody in one combination, therefore, in our judicial practice there are extralegal capture, extralegal custody, misuse of capture, extended custody and other phenomena that go seriously against the principle of rule of law and the due procedure doctrine. Our country shall establish the compulsory measure system of separating capture from custody; and in perfecting the pretrial capture it is necessary not only to carry out corresponding system transformation and regulation, but also to make the judicial review system applicable to the pretrial capture and custody procedures as well as to make the procedural sanction measures applicable to the power subject who exercises the compulsory measures; and to remedy the defects in current pretrial capture system, it is necessary to reinforce the system arrangement of the right relief to the suspects and the accused, and to design corresponding lawyer participation and compensation mechanisms.