Theoretical Reflection On The System Of Unresolved Detention In China

Generally speaking, pretrial custody is a kind of status, and it is also the foundation o f pretrial custody system. The purpose of this system is to limit partial of the human right s, and the base of the purpose is the doctrine of the presumption of innocence.However, custody is the inevitable outcome of detention and arrest in China. There is no independent system, and regardless of the relevant operation sequence. Therefore, the author thinks that the pretrial custody system has not been set up in China, while the pret rial custody situation does exist. Since there are no rigorous rules to be followed, pretrial custody situation is in chaos.It is not hard to see, our country criminal detention and arrest measures design is more focused on punishing crime features, and the protection of criminal suspects rights are often overlooked.This paper mean to establish scientific and reasonable pretrial custody system, and then reversed transmission judicial idea transformation, promote the practice of judicial philosophy from "presumption of guilt" to "presumption of innocence". So this article will from the angle of the pending custody theory in our country, refer to foreign experience, change the traditional ideas and the constraints of the current legal system and to reform the existing system of criminal compulsory measures in order to build up the pretrial custody system in our country.