Pending Custody System

In the last few years, the judicial circle of our country has been suffering from the problem of overtime detain and overdue imprisonment, which caused the writer's attention to suspensive detention system of our country. Suspensive detention system is the importance part of the modern legal system. It is directly involved with such important problem as human rights guarantee, etc. In this paper, through comparing china's suspensive detention system with western nation's, we introspected the current system and put forward some problems need to be solved. Those was lack of exact orientation in detention measure, absence of necessary judicial review to the exertion of detention right, the larger flexibility of detention period, deficient neutrality in deciding custody place, inadequate rights guarantee system for someone who was detained. On this condition, we assume some measures which would make suspensive detention system of our country better than before.