On The Improvement And Reform Of The Pretrial Custody Measures Practiced In China

The11th Chinese National People’s Congress passed<Amendments to The Criminal Procedure Law of The People’s Republic of China> in March2012. In the Amendments, legislative branch revised and added some rules on pretrial custody. Undeniable, these rules are active to solve many current questions like the high rate pretrial custody and exceed the time limit pretrial custody, but these rules are still have some defects that need us to improve.Firstly, this paper analysed the foundation questions of pretrial custody, include the conception of pretrial custody, the objective of pretrial custody and other countries’system of pretrial custody. Other countries’system of pretrial custody are all following the principles of exception and proportionality and continuous review and independent debate. Secondly, this paper analyses the current situation of pretrial custody in China, finds the defects in it. The defects include high rate pretrial custody, exceed the time limit pretrial custody, custody in disguised form and no way to redress his benefit for the person who was damaged from pretrial custody. Lastly, this paper gives some suggestions to improve the system of pretrial custody. To improve the system of pretrial custody we should following the principles of exception and proportionality and continuous review and independent debate. And we need an independent system of pretrial custody; improve the procedure of pretrial custody; make some new alternative scheme of pretrial custody; to provide ways for person who was damaged from pretrial custody to redress his benefit.