Study On Issues Of Custody

The issues of Custody, has been the focus of attention, and Is also the topic which has been judiciary commonplaced and talked about. For a long time, Jurisprudence has recognized the dangers and seriousness of these issues. They have already research the current situation,issues and countermeasures, they have different viewpoints,and each has put forward some suggestions in the improvement of legislation, changes in the judicial system. And lots of they have play an important role to solve these problems. But due to the methods of researchers, a certain extent, limit the depth of the research and the measures they proposed is usefulness. To its long time, the official is also looking for the control way, the Supreme People’s Procuratorate, the Supreme Court, the Ministry of Public Security have established some systems, the local public security and judicial rely on their own customs, take a variety of measures to improve the situation,,Well-intentioned and Well-determination, but the situation did not been completely controlled:High rate of detention applicable and extended detention rate are still Serious.There are a lot of recessive custody.To better solve the problem need the theory of exploration and innovation, and also the need to avoid the study habits of the past. This article is composed of three parts, introduction, body and conclusion, and text analysis of the status quo of China’s issues in applying of Custody,pointing out that our country three main performance, perspective hazards:a serious violation of personal rights of the detained person, damage to the state organs of justice, to hinder the improvement of the efficiency of criminal proceedings. To solve these problems,The article also two ways analysis of China’s extended detention Causes:the system is flawed and practice factors,and the two factors is intrinsically linked. This article studys from Construction of the System to Specific practical measures,puts forward Some suggestions:Implement the principle of proportionality, Improve the non-custodial measures,Improve the applicable conditions of detention, strict distinction between length of detention and Investigation period, increase in the legislative proposal to limit the extension of the detention period, the establishment of detention pre-trial system, improve the mechanism of relief custody abuse and the practice of law enforcement efforts to deal with cases, raise the work efficiency to and improve the technical content of the criminal proceedings closer to China’s practical suggestions to reduce problems arising,expecting all the suggestions having a positive role on solving the various problems in appling Custody,and having positive effect in order to protect the suspect or the defendant’s personal rights,promoting the judiciary to enforce the law strictly.