Realistic Problems And Theoretical Reflection On The System Of Unresolved Detention In China

Pending custody system is an important compulsory measures in the world criminal proceedings, It is a kind of coercive measures which is aim to deprive the defendant freedom before the effective judgment given. Pending custody system has great vaule of finding out truth of the case,proving new crime to increase harm of the society and Saving the judicial resources.In the same time, Because the custody is a severe limitation of personal freedom before the judgment,so it shall also be limted by the human rights, the presumption of innocence and the limitation of procedural justice. To a great extent, a country’s pending custody system reflects a nation’s concept of the rule of law and the criminal policy, therefore, pending custody system directly reflects the level of a country under the rule of law.There is no Pending custody system in our conntry, it is just attached to the compulsory measures of detention and arrest. So it has no independent vaule of entity and procedure,it also did not form a complete control system of science.Becuse of this,it caused a lot of problems in reality and ran counter to the legitimacy. Based on the discovery and analysis of the problem, refactoring pending custody system of our country. This is the only way for the rational regression of pending custody system.