On The Pre-trial Detention System

The pretrial custody system is the important component in the criminal judicatory system, which has the important effect on controlling crimes and ensuring criminal procedure to go successfully.The particularity of pretrial custody is that it is result in individual rights and state investigating power comparing strength.It is a focus in theory and practice that how to balance state power and individual rights in order to ensure criminal produre to go successfully and protect individual rights simultaneously.The author analyses existing problems of the pretrial custody in system and reality.Using mature legislation experience of west law-ruled countries for reference,he suggests reconstructing the pretrial custody system that both match China's objective reality and international common principles.This paper consists of four chapters.The first part is summary of the pretrial custody system.This part introduces the definition,character,purpose and commom principles of the pretrial custody system that is well recognized internationally.The second part analyses differences of pretrial custody between Civil law countries and Anglo-American law countries. There are differences in arresting,the judicial review,the essential condition and the limited time of pretrial custody.The third part is the defects existing in China's custody system and its causes. First,the part analyses current situation of the pretrial custody system from legislation and reality and points out its defects. In the field of system, criminal detention is short of necessary supervision and restraint, arresting and custody makes no difference and taking into custody is not judicially ruled.In reality, application rate of pretrial custody is high, pretrial custody usually surpasses scheduled time and the space of not taking into custody is compressed. Secondly,the part is the causes forming the status quo governing pretrial custody. The author holds that the reasons forming the status quo governing pretrial custody have causes of concept,system and practice. The fourth part puts forward suggestions of restructuring pretrial custody system from system and reality in China.It is necessary for us to learn lessons from the advanced legal principles and legal system of foreign countries to establish pretrial custody system that concerns individual rights and freedom and satisfies rapid development of commodity economy and China's socialist market economy.The measures are as follows:reform detention and arresting system of our country,establish judicial ruling in our country, give the arrested rights, perfect essential condition,limit time of the pretrial custody, perfect revocation and alterating pretrial custody and set up substitutive measures etc.