China In Custody During Investigation Of The System Improvement

As the severest measure of restricting the personal freedom of citizen, the custodial investigation may, in addition to the connection with citizen's basic personal right, reflect at a certain degree the level of rule by law of criminal and judicial system in a country. Nowadays, every country in the world has made custodial investigation-related regulation in the Law of Criminal Procedure thereof. Compared with the custody and investigation system of the country ruled by law, China's custody and investigation system shows such a prominence that there is no independent system upon which to make decision for custodial investigation or neutral judicial institution by which, through special legal proceeding, to take close legal control of the pretrial custody and provide various judicial remedy procedures to the person in custody. This may be said as a structural material defect in China's custody and investigation system and must be perfected from mentality and legislation so as to resolve the problems arising therefrom. This paper analyzes the concept of custodial investigation and the theories related thereto, investigates the custody and investigation systems in the important counties in the world, and through comparison, reveals the main defects existing in the custody and investigation system of China, and launches the general assumption of perfecting China's custody and investigation system thereupon.This paper, except the foreword and conclusion, consists of four parts as below:Part One, at very beginning, defines the meaning of custodial investigation and theoretical basis thereof at very beginning, esp., makes classification of custodial investigation, which is the basis and precondition of properly analyzing the custody and investigation system of China.Party Two gives general introduction to and makes brief comparison of the custody and investigation systems of China and main western countries, and through combining the international criteria in connection with the system of custody and investigation, points out the material defect existing in China's custody and investigation system.Part Three introduces the current situation and problems in relation to the custody and investigation system of China, pointing out the problems with China's custody and investigation system, such as undistinguishable arrest and custody, generalized custody, overlong custody period, etc. The paper further points out that it is necessary to perfect China's custody and investigation system for the purpose of protecting the right of person in custody.Party Four puts forward the assumption of perfecting China's custody and investigation from several perspectives such as renewing conception, establishing principle, constituting system, etc. and excepts to perfect China's custody and investigation through the efforts as mentioned above.