The Legitimate Research Of Pre-trail Custody

Pre-trail custody is custody of suspects or defendants before a court ruling inaccordance with law. According to the presumption of innocence principle,anyperson should be presumed to be innocent without a verdict from court in accordancewith the law. Pre-trial custody system is aimed at citizens that are still innocentaccording to law. In contrast with the majority of systems, pre-trial custody systementails evident conflicts, which are, it not only tolerates custody, but restrains it aswell. Therefore, its legitimacy basis is not one-dimensional or homogeneous, buttwo-dimensional and heterogeneous, entailing both necessity and restriction.Necessity is embodied with objective truth, state sovereignty and utilitarianism.Restriction consists in presumption of innocence, human rights theories and powerrestriction. Though these two different schools of theories exemplify different valuesto establish a reasonable and justified pre-trial system, it is must to sort out therelationship between the conflicting values and balance their contradictions.Independent pre-trial custody system is absent in China. the present pre-trial isattaching to the two Criminal proceedings compulsory measures: detention and arrest.Pre-trial custody in China has serious defects in practice, which are reflected in theform of long-term detention and designed forms of detention. The reason of thesephenomena is lack of an overall integrity in the system. With the progress of socialmanagement of law, it is necessary to built an complete and independent pre-trialcustody system to protect the lawful rights and interests of suspects and defendants.Specific view, we have to establish and implement the principle of effective relief, theindependence principle, the principle of judicial review,the statutory principle and theprinciple of proportionality.