Several Issues Regarding Outstanding Detain System In China's Criminal Procedure

Outstanding detain is a legal coercive measure or corresponding result or status, under which a suspect and defendant is deprived of personal liberty before an effective adjudication is made by the court. In our country, outstanding detain is not a legal coercive measure, but a natural status and inevitable result that comes from continued restriction of personal liberty of suspect and defendant after criminal detention and arrest.The prohibition of arbitrary arresting and restricting freedom of person extrajudicial has become an irresistible internationally trend.Independent and complete control system on relevant condition and procedure has yet to be established. For the purpose of ensuring human right and preventing judicial powers from being misused, and to realize the value of judicial justice, many countries have set up a series of system in this area. These legal systems all embody the basic spirit and meaning of modern arrest system, including judicial review principle and separation of arrest and detention. China has been attaching high importance to applying arrest in accordance with law in order to protect human rights.However, the legislative system and judicial system, there are some shortcomings in practice, making the current detention system appears a lot of problems, such as arbitrary detention, extended detention, and other relief nothingness. The author examines foreign laws concerning the provisions of pending custody system, reveals the modern system of the basic spirit of the arrest of detention, by comparing the system that exists in our custody pending the above-mentioned shortcomings, and propose a sound system of the whole idea of detention pending. Under the current judicial environment and the problems that the improvement in the pending custody system process, emphasis should adhere to the principles of human rights protection, combined with national conditions, take two steps can be considered that the existing long-term goal of legal reform and the reform. In the analysis of the existing legal framework of reform within the system based on the series, and further proposed a reform of the long-term goals: First, establishment of an independent custody procedures; the second is to gradually build mechanisms for judicial review of detention; third time in custody should implement the principle of proportionality; Fourth, improve the judicial relief system; Fifth, give full play to the role of lawyers; Six, establish procedural sanctions; Seven, neutural places of detention awaiting trial.