An Empirical Study Of Pending Custody System

Pending custody is the national criminal proceedings in the widely-adopted a personal coercive measures. In the statutory condition on the suspect in custody, pending the implementation of effective elimination of the obstacles to the smooth conduct of investigative activity, to study the case investigation authorities to provide the necessary protection of the truth. At the same time, pending custody measures also ensure that suspects and defendants event or to the Court, as future penalty enforcement activities will guarantee. Pending custody is a double-edged sword, used properly, for combating crime, crime prevention, the realization of the purpose of punishment has an important role; misapplication, they seriously infringe the suspect's personal rights. Accordingly, many countries in the legal custody pending suitable conditions, deadlines, procedures and so make a clearly defined, generally establish pending judicial review of detention. In criminal proceedings, pending custody and detention, arrest in entity conditions or a program on the separation happened. At the same time, whether before or at the trial stage, custody trial applies almost entirely according to pay for the activities of criminal prosecution, without forming a separate, closed judicial control system. By doing this, pending custody system under examination, timeline, location, relief, and so there is a significant defect. To improve the pending legal control of the detention system, it should adhere to the principles of the rule of law, reform of the curren Chinese pending detention system.This article was never decided custody system concepts, objectives and features have a comparative analysis of the theoretical basis of the system and values, and demonstration of the China open custody system problems. Through the current programs of custody pending and detailed analysis, this article pointed out four reform program. Namely on China's pending the establishment of a custody review system, reduce custody applies system reform, reform of the detention facilities and in the custody of the rights of the parties during the relief.Through research and analysis, this article is intended to clarify: China in promoting governing processes, should establish the constitutional system maintain custody of the person that fundamental rights awareness, improve the citizen's right to sue for relief, implementation of the law enforcement departments and judicial machine interaction between power, safeguard citizens in custody have the right in the program know, to participate and get help and other procedural rights, to ongoing judicial reform provides a judgment.