Discussion On Rights Of People In Pending Custody

New amendment of Code of Criminal Procedure has been put into practice on january1,2013,which aim to respect and protect human right It’s the second time to amend Code of Criminal Procedure,another one was in1996. For10years so far, the amendment has been included in legislation planning of The tenth National People’s Congress in2003.The amendment has improved many systemes in old Code of Criminal Procedure,such as the system of criminal advocacy、system of legal evidence、investigation measure、compulsory measure、trial procedure and executive routine,ect.Under such context,this paper fix on how to proect the rights of people in pending custody,Finding out the problem in accordance with New amendment of Code of Criminal Procedure,and giving suggestions.First of all the paper elaborate on the right of people in pending custody and the location of pending custody. No investigation, no say. Diggging out the fact of pending custody and the lack of ocation of pending custody,is the initial condition to reformation. The rights of people in pending custody is what to be protect..Finding out the problem of the location of pending custody for the reformation..The second part of paper elaborate the major problm in the pending custody,include the prolonged detention、Mistake detention、pending custody location have no independence、Torture used to extract confessions.and The lacks in remedial procedure。The third part of paper elaborate why the location of pending custody did’t play a part in protecting the right of people in pending custody,it turned out to be the tool of investigative organization. The reasons are not perfect in Legislation、having no independence in review mechanism、and the lack of effective alternative measureThe forth part of paper in giving the sugestions, Setting up independence review mechanism; prolonged detention should be subject to criminal prosecution; Speed up reform of pending custody location; improve and perfect remedial procedureThe paper drawing lessons from foreign advanced system, refer to the set up of pending custody system.Only to improve and reform the pending custody can protect human right.