Pretrial Custody And Human Rights Guarantee

Pretrial custody is a substantial stage of criminal Procedure in different countries. It helps to control the crimes and promote criminal proceedings. As a measure as criminal punishments, the actual effect of deprivation the right of citizen personal freedom, pretrial custody may be abused so as to seriously invade personal rights. So it is strictly restricted by law around the world. But our country still has not established a full system for pretrial custody. In order to guarantee suspect's right, detaining system before examining of our country will await and perfect further.On the basic meaning of Pretrial Custody, reference to the standard of international human rights and attach to the Judicial Practice, this article analyzes on the main problems of the protection of criminal suspect's right in criminal detection from two sides, both theory and practice of law. It gives six suggestions to reform and perfect our pretrial custody system: the principle of presumption of innocence, right to silence system; separation detention, arrestment and custody, the system of independent pretrial custody; introduction of the system of pretrial judicial review; separation between place of custody and investigation department; reference on the bail system; strengthen the lawyer's role in the lawsuit.