On Pending Custody System

Unconvicted Detention has been an important system under the criminal procedural law over the world. It is a kind of exceptional guarantee measure in the western countries governed by law and it is under strict judicial control substantially and procedurally. Therefore, this system can well protect the human rights of criminal suspects and defendants however. Up to now, such a system has not been established in China, which has caused criminal suspects and defendants'rights frequently infringed. So, regulations of unconvicted detention are necessarily to be reformed and improved to form a dependent and closed judicial control system in our state.By introduction of the basic theory of the system and simple description of the system in western countries, this paper analyses the legislative conditions and the problems and their causes under the system in China. Finally, suggestions for improvement of the unconvicted detention regulations are put forward.