Outstanding Custody System In Our Country

In the course of criminal proceedings, the criminal suspect and the defendant are themandatory punishment is inevitable. Outstanding application of detention measures, isessentially an expected punishment was severe punishment of the public authority of the Stateto the individual rights. To pending custody without criminal trial the accused was actuallydeprived of their liberty. Currently, China’s judicial organs in the course of the pendingcustody, often arbitrary, unlawful arrest and detention, and to some extent undermined thelegitimate rights and interests of citizens. Britain, America, France, Italy, Japan and othercountries reason of pending custody system for integration into a rule of law, using legalmeans to radically control, as it further standardization and systematization, became aprogram perfect the criminal coercive measures, effectively curbing an abuse of the right ofdetention, the detainees legal rights such as personal liberty give a more adequate security.Compared to this, pending custody system low level of rule of law in China, havebecome increasingly highlights the fundamental flaw of many, become serious problems inour criminal justice system. For example, criminal compulsory measures relating to"detention" and "long delay not determined" and "de facto detention", such as abusingmandatory measures of the problem, and the like "torture" and other serious consequences. Ofcourse, these problems are not isolated in our outstanding custody system, which not onlydirectly linked to China’s constitutional system, in conjunction with China’s political system,economic system, cultural, tradition is closely related to the law. Thus, this paper on pendingcustody system analysis of the practical problems that may be present in China, and overseasoutstanding systems on the basis of the proposed reconstruction of several proposals pendingcustody system in China.