Of Pre-trial Detention System And Its Perfect

Pre-trial detention is a kind of compulsory measures in criminal lawsuit adopted widely in many countries. The "criminal procedural law" in China, it is still not taking pretrial custody as an independent enforcement measures, but it can not be denied that as a compulsory measures it is important. Since the modification of "criminal procedural law" in our country, 1996, criminal system of compulsory measures changed dramatically, mainly displays in applicable scope of the criminal detention, conditions, term and other provisions appeared corresponding changes, arrested condition also have certain change, detain deadline more definite than before. It can be see, the revised criminal system of compulsory measures do more perfect, and it also marks that our country's criminal law system has a big step toward legalization goal. But in judicial practice, the criminal system of compulsory measures are still exist many problems, for example the "extended custody", "covert custody", "long detain him". These problems also attracted the attention of top legislature. In 2000, the "criminal procedural law enforcement examination"organized by the National People's Congress standing committee's interior judiciary committee has taken extended custody as an important content in law enforcement inspection.In this paper, the author will cut in from analysis problem, adopting the method of comparison, combining the reasons, and based on the national conditions of our country, puts forward some assumptions and reconstruction of the pre-trial detention system. This paper is divided into several parts:1. An overview of pre-trial detention system. This chapter first introduces the concept of pre-trial detention system. Secondly it analyses the nature of this system. Finally it clarifies the purpose of custody. Based on the concept, nature and purpose, it starts a detailed analysis of custody before trial system.2. Comparative perspective for the pre-trial detention system. This chapter introduces the mainland legal system and some relevant countries of Anglo-American law system in pre-trial detention system, including the arrest and detained before trial separation, the legal reason, custody of the sites, dates and the judicial relief of custody system before trial. By the analysis of these specific systems, providing our country a mode to learn, and offering the way of reconstruction and perfection of the pre-trial detention system.3. Take pre-trial detention system's procedure, situation, period, sites, and relief way as the breakthrough point, analysis the present situation of our country's pre-trial detention system. And it has a reflection of the system the deficiency, combined with the reasons, explore ways of solving problems.4. Puts forward some proposals and consummate for our country's pre-trial detention system, including: establishment of the trial separation system, canceling the detention system, establish the neutral venues, perfect detain deadline custody rules and the establishment of judicial review system, improve the judicial relief system.