On The Construction Of The Pending Custody System

Suspense custody is the most severe measure for restraining the freedom of the persons in the criminal justice process, and reflects the conflict between the need for protecting the personal freedom and convicting the criminals concentrately. Whether it can be applied properly or not determines the progress of the criminal procedure and the human rights of the custodee. Author addresses the essential elements of a legitimate suspense custody on the basis of comparative research of suspense custody system in foreign contries, and points out the main problems and defects in the system , analyzes the reasons and put forward the imagine for reconstruction of the system of suspense custody in this dissertation.This dissertation includes three parts: foreword, main body, epilogue, all about 37,000 words. Hereinafter is the main content.Foreword: This part focus the history and the revolution progress of the suspense custody system in Chinese criminal procedure, and points out the problems with the system such as arbitrariness, generalization, penalization in the practice of criminal judicial.Section 1: Summarize of suspense custody system . In this chapter, author focuses the concept, character, objective of suspense custody, and considers it as a kind of durative legal status of depriving the personal freedom for the suspects or defendants be arrested or detained with the double purpose: procedural safeguard and social defense. And as the performance mode of the state power, suspense custody system is with the character of unfairness, compulsory and dualism. So it is something important in the process to be a legal state to research and reconstruct the suspense custody system in Chinese criminal procedure.Section 2: Review of the suspense custody system of the main legal state in the...