Reform Of China’s Pretrial Detention System

Pretrial detention is an important part of the criminal judiciary, it involves the progress of criminal lawsuit activity and safeguard of human rights. As a compulsory measure on man, pretrial detention can effectively ruled out the behavior that destroy or forge the evidence to ensure the criminal proceeding smoothly, pretrial detention provide necessary safeguard for the criminal proceeding. But, on the other side, based on the principle of presumption of innocence, the criminal suspect and the defendant are innocent in law before a guilty verdict was made by the court, apply pretrial detention on them will infringe the human rights.In the modern constitutional country, human rights attract much attention, the system of pretrial detention is relatively complete in country under the rule of law. As an independent system, pretrial detention plays an important role in the safeguard of human rights. In China, pretrial detention is not an independent system, it is just the inevitable consequence of detention and arrest, there are also abuse, extended, right protection mechanism is not sound, and many other drawbacks in the judicial practice.In addition to the introduction and the conclusion, this paper is divided into four parts.Part one makes a summary of pretrial detention system. Conclude the concept and nature of pretrial detention, the legitimacy basis and properties of pretrial detention.Part two studies on the legislation and judicial practice of the present situation of the pretrial detention in our country, revealed problems and causes in pretrial detention of our country. Part three makes a comparative study on pretrial detention system in America. Includes the applicable procedures, the apply reason, the custody place and the relief system, in order to benefit the pretrial detention system of our country.Part four studies on the improvements of China’s pretrial detention system. Based on the parts exposition above, this part put forward some proposal about the established of the principle of independence and legal principle, the construction of the mechanism of judicial review,reform on custody places and the deadline the construction of judicial relief mechanism of our country.