Our Country Takes Into Custody The System To Consummate The Research Unsettled

States pending criminal detention system is an important system. Western countries, the rule of law system is in custody pending anexceptional security measures, and from the entities and procedures subject to strict judicial control, this system can be used to protect the suspect, the defendant's legitimate rights and interests. China has not yet been established and a complete set of open custody system, so that the judicial practice in violation of criminal suspects and defendants, the legitimate rights and interests of the events occur from time to time. Therefore it is necessary for China's reform and open custody system, and improve to become an independent, closed system of judicial control.The author in custody pending the analysis of the basis of system theory, the rule of law to the West of outstanding brief detention system; again on China's system of detention pending the legislative status quo, existing problems and the causes and conduct a detailed analysis; final on China's custody pending System recommends the following: First of all, the change should be inherent in the minds of misconceptions, such as the presumption of innocence and the offense to step up publicity and other actions have never been a suspect concept, change "I would rather not be wasted as if concept, to help law enforcement remodeling of the detention officers the right view; to strengthen the implementation of the Code of Criminal Procedure can not be convicted only of statements in order to make the investigation process criminal suspects from around the collection for the unilateral activities of the population, to abandon the supremacy of statements, statements from the Center's old concept detection; adjust the values of criminal proceedings, to establish the concept of procedural justice, the establishment of illegal detention, extended detention procedures, such as the detection of illegal access to the interests of the exclusionary rule; change law enforcement officers take the concept of human rights, and truly establish the concept of protection of human rights; should change in the custody of the alternative measures such as the application of the concept of time. In judicial practice, law enforcement officers affected by the error due to the impact of ideas, in custody pending a number of process issues, such as extended detention, illegal detention, etc., with the correct ideas can have a correct and legitimate judicial behavior. Therefore, law enforcement officers to establish the correct concept for reforming and perfecting the system of our country is very important in custody pending. Western rule of law drawing on the relevant provisions of the pending custody system, combined with the actual conditions of China's current legislation on the author to make the following sound system in our country the idea of open custody: the arrest and detention will be separated from the abolition of detention, the establishment and improvement of China's criminal coercive measures system. The abolition of the current detention legislation and the reform is similar to western countries for "illegal immigrant arrests." The arrest of reform will be similar to Western countries for the "arrest evidence" and their conditions of application, the application of clearly defined procedures. To achieve the strict detention and arrest of the separation of the right to apply for custody of the exercise by the prosecution, and its decision to review the exercise of the right to give the court; implement the principle of exception, the application of the elements detailed in custody. Elements of the form include the following: First, the suspect, the defendant in custody must be questioned before; second is lawful arrest. And the essence of the elements include the following: First, the reasons for detention that is the Elements of Crimes are divided into elements of the crime and the sentence, and the Elements of the suspect (may be sentenced to imprisonment for more than three years); Second, the need for detention; the introduction of judicial review mechanism to ensure that judicial neutrality involved in custody pending. I believe that by the court to exercise custody of the outstanding right of judicial review is appropriate, more in line with the requirements of procedural fairness. Court for judicial review of the custody hearing should take the form of that detention hearing; the establishment of an effective system of judicial relief. Detention pending judicial relief system should include: First thing in the custody of relief that review (including the detained person the right to appeal and take the initiative to review the court ex officio); Second, a subsequent application for relief that the national criminal compensation; statutory detention period, and period of separation with the cases. First, the provisions of the maximum period of detention; Second, implement the principle of proportionality, that is, the suspects were arrested in accordance with the gravity of the crime, Branch Office may provide for specific penalties for the period of detention; The third is to amend the period of unreasonable detention of flexibility provisions; four detention period is the period with a strict separation of cases; in custody pending a sound system of alternative measures. That is, to abolish and improve the release on bail under house arrest, at the same time increase the alternative measures; neutral places of detention. That is, the detention center by a neutral administration of justice departments to manage, at the same time clear the responsibilities of the detention center. Established in the legislation of China's detention pending the perfect measures, China's outstanding detention system will have grown by leaps and bounds.