Research On The System Of Pending Custody

The system of pending custody occupies very important position, Pending custody refers to in order to guarantee the smooth implementation of the criminal procedure, before without the court’s decision to take effect, and to restrict the personal freedom of criminal suspects or defendants of a kind of compulsory measures. Because it is for those laws shall be deemed to be not guilty on custody and detention time is long, severely violated the citizen’s personal freedom. Based on generally accepted principles of presumption of innocence, Through the pending custody system of judicial review, judicial relief, custody alternative measures, detain deadline, detention places strict regulations system, to better safeguard the criminal suspect or defendant’s human rights.However, in our country is still not established a set of independent perfect pending custody system, Custody is not an independent compulsory measures, but the inevitable result of detain, arrest and other enforcement measures, So in view of the pending custody and exist independent of procedural referee system in our country has not established. Because there is no special review about pending custody and relief system, pending custody are widespread in our country, investigation, prosecution department to ensure that the litigation, proceeding of crime means, so that violations of suspects and defendants human rights events occurred frequently, and can’t stop. Pending custody system in our country, draw lessons from foreign mature theory and system, Combining our country’s basic national conditions and social and economic development situation, the current judicial system, I thinks that the reform of the two most important points are concepts, principles of legislation to establish and update and system security, a critical reconstruction of pending custody system of our country, has already become the inexorable law reform.This paper first outlines the basic theory and legislative history of the system of pending custody, on the history of China and other countries of the pending custody system development are discussed.Then, analyzed and compared the similarities and differences between the detention system in pending permission, time, place, pending custody judicial remedy, the rights of detainees and detention pending the alternative measures, Focus on the common law system, civil law system of pending custody, construction of foreign advanced, perfect system is very worthy of our reference.Furthermore, analyzed the current development of our country’s pending custody system and existing problems, comparing with the foreign advanced system, we can see that our country present situation of the pending custody ills. Countries in order to protect criminal prosecution activities, meet the needs of the punishment of crime, generally applicable pending custody at the expense of detained people’s basic rights, so this should be the balance of justice tilt to one side, ignoring the detained person. Objectively speaking, pending custody system of our country has many problems compared with the common law system such as Britain, the United States and the civil law system such as Germany, Japan, and Even is the fundamental of birth defects. To find out and solve problems, reform the pending custody system is imminent.At the end of the paper mainly expounds the establishment of the pending custody system in our country, build judicial review, judicial relief mechanism from the renewal the idea and system reconstruction. Change the phenomenon of paying attention to substantial justice, the punishment of crime, underrating procedure justice, the guarantee of human rights in our country.