Study Of Detention Pending

"Pending custody" means force the court ruling into effect before the organs of state has the right of criminal suspects and defendants to implement a temporary deprivation of their liberty coercive measures. State of criminal suspects and defendants in a court ruling has not yet entered into force deprived of their liberty before the law. Throughout the criminal process, the pending custody limits the personal freedom of citizens of the most severe means of a concentrated expression of the protection of personal liberty and the need for a successful criminal prosecution of the conflict between the relations, which can be used properly, both to the criminal the progress of the proceedings, and related to the protection of human rights of detainees.This paper is divided into four parts.The first part is the discussion of the detention system, mainly for the outstanding concept and basic theoretical issues are introduced. Described in custody pending the basic meaning of term, nature and purpose, that is the law in custody pending the arrest, detention of criminal suspects, defendants denied the right to freedom is a continuous state of law, with punishment of crime and protection of human rights the dual purpose of coercive measures. In addition, custody pending with the dialectical relationship between human rights protection, leads to the need for open detention and restrictions applicable to pending legal basis for detention with a view to achieving China's detention pending, the implementation of a comprehensive in-depth application development are described. The pending custody and arrest, the presumption of innocence and the outstanding custody system relationship are also analyzed.The second part mainly studied the status of legislation custody pending in abroad. Comparative study using the method described custody pending in a foreign system of specific content to Britain, the United States, Germany, France, Japan and other countries, for example, including detention pending review of decision-making process, deadlines, relief, and accountability in custody pending and so on.The third part focused on China's system of detention pending the current situation and existing problems, content, and the second part of the corresponding.The fourth part is in custody pending against our system of existing problems, analysis of how to improve our system of open custody. Respectively, the principle has never been transparent in custody. Pending detention procedures, duration, place designed to neutrality, open avenues of relief in custody, bail system, illegal detention should bear the legal responsibility.