The Introspection And Perfection Of Pretrial Custody Relief

Human dignity and personality extends basic human rights，constitutional normsprotect and fulfill these rights. The extent of constitutional norms reflects the degree of acountry’s civilization of rule of law. The right of personal liberty of criminal suspects,defendants is deprived by pretrial custody. As a stringent measure of limitation of humanrights in criminal proceedings, pretrial custody should be conferred rights of full relief inprocedure and substantive truth in order to achieve protection from arbitrary violations ofhuman rights, restrictions of civil rights abuse, misuse, to ensure a fair judicial proceedingspurpose. A right without remedy is not a right. Only a sophisticated relief system can trulyprotect citizens’ rights, which is the value of universal standard of innocence inference.This paper is divided into five parts. The first chapter introduces the basic theory ofpretrial custody relief issues, including\the essential connotation, characteristics, principles,necessity and significance of research of pretrial custody relief.The second chapter describes the current problems of pretrial custody relief. Firstly,introduced in the part of legal regulation of pretrial custody relief, mainly elaborates reliefrights in two aspects for official initiative launched relief and applying claimed relief.Secondly, discusses problems of legal regulation of pretrial custody relief. It can beanalyzed from aspects of feasibility, comprehensiveness, effectiveness, openness,possibility of reconsideration, chance of litigation and capability of compensation etc.Thirdly, explains problems of legal regulation of pretrial custody relief in practice, whichincludes administrative tendency, twist oriented and hollowing-out of relief operation.The third chapter focuses on analysis of problem roots of pretrial custody relief atpresent. On the one hand, analyzes universal, holistic impact reasons from a macroperspective, including social value orientation, historical and cultural origins, functionalstructure of litigation and other factors. On the other hand, analyzes with personality,special effects reasons from the microscopic point of view, including legislative obstacles,enforcement barriers and other factors.The fourth chapter examines abroad relief system of pretrial custody, mainly selected common law, civil law of representative countries. It elaborates and evaluates pretrialcustody of the basic operation of relief, relief censorship and supporting systems.The fifth chapter provides two paths of improvement based on the special condition ofour country. Firstly, it emphasizes redistribution involving partial powers of pretrialcustody relief, focuses on reconstruction of the ideal law, which based on reform path ofchanges in the power structure. Secondly, improves pretrial custody relief rights andrealizes supporting systems of power restriction, provides feasible package solutions of lawreality, which based on improvement route of real institutional framework.