Pending Custody System Build - Start From The Perspective Of The Protection Of Human Rights In Criminal Proceedings

Custody is an ancient compulsory measures in the law system,its essence is to detain the person in the certain time and in the certain place,limit the suspect's or the defendant's personal freedom to guarantee the legal order.Along with the development of human being,the civil's rights consciousness is improving,but it exposed more and more weaknesses of the custody system.As the most sternest and the most widely applicable measures of the custody,the pending custody in China has many problems in practice.This article trys to analyze the problems in practice from the perspective of the human rights protection in China.The first chapter describes the history and basic connotation of the custody system,expounding the meaning of the human rights and the connotation of human rights in criminal lawsuit,introducing the international standards of human rights.The second chapter discusses the main conflicts in China between detention and human rights.The third chapter discusses the foundation and the goals to constructing the theory system of the pending custody.The fourth chapter describes the specific measures of pending custody,including giving the right of silence,against litigation model,reform of the management system,perfect all the anti-custody measures, increasing judicial investment,heightening the judicial handling technology,etc.Basing on the reality,only can find the suitable conforms to our criminal lawsuit and the pending custody system.