Research On The Reconstruction Of Pending Custody System

In recent years, harmony has implemented the various aspects of the developmentprocess in China society. However, these affairs which are often found in newspaper such as“hide and seek”,“cold drinks” exposed the discordant side of pending custody system in thedevelopment. The perfection of pending custody system has been one of the important topicsthat are heated discussing by procedural law field and practice in China, the pace of exploringthe road of reform are never stopped. It is different with the investigation and Investigationand the custody separation system that is implemented in the most of countries, in China,pending custody system is not an independent criminal enforcement measure which is statedin the Code of Criminal Procedure. It is defined that before the effective judgment of theCourt issued, the measure of depriving of the personal freedom will be taken for the criminalsuspect and defendant by the specialized agencies of the State, which is showed in criminaldetention and arrest, it is the continuance of State custody, that is caused after detention andarrest. Because the pending custody system will be pound to the serious influence for the thehuman rights of criminal suspects and defendants, the national laws are all carried out therather strict regulation for its procedures and entity, to complete the dual role which safeguardthe successful conduct of criminal proceedings and assurance of human rights. The pendingcustody system under the current laws and related systems has been criticized very much,because the rate of prolonged detention and custody remains high. The weak for theprotection of human rights of the custody has become apparent. The tinkers for the details ofthe pending custody system did not significantly reverse the situation for a long time, takingadvantage the opportunity to modify the the Criminal Procedure Law drastically, it is thenecessary choice to reconstructed the current pending custody system.In this text, the author utilized the comparative analysis of research methods and give acomparative study of different styles and the distinctive characteristics pending custodysystem between the common law system and civil law countries, and desire that it will be thereference for the process of the perfection of the pending custody system. In order to make the advice we proposed more relevant, the text states the drawbacks which the pendingcustody system exist under the current laws system in China, and meanwhile, analyzed thereason of the drawbacks existing.“The amendment to the Code of Criminal Procedure”,which was announced last year, some of the previsions has related to the modification of thepending custody system, the author believes that, as an important system of criminalproceedings, the reconstruction of the pending custody system still need more in depth studyand details. At the end of the text, some shallow advice about the reconstruction of thepending custody system are offered by the author.