Imment Of The Theorem In China Provey Of Pending Custody Syst

Pending custody refers to the referee before the commencement of the court, the restrictions on criminal suspects and defendants have taken coercive measures deprivation of personal liberty of a. China’s current Criminal Procedure Law does not necessarily make separate provision for detention, detention in the country and there is no clear legal position, but seriously attached to criminal detention and arrest of these two criminal coercive measures, it is criminal detention and arrest results and of course the state. Admittedly, in custody as a criminal coercive measures in large part to ensure the smooth progress of litigation activities. However, because the objects are unconvicted detention, custody once the improper application easily against the legitimate rights of the detained person, irreparable consequences. Therefore, the pending custody should be subject to strict application of judicial control and supervision. However, because our country has yet to achieve phase separation detention and arrest, detention pending judicial review and the lack of necessary supervision, detention centers as places of detention lack of neutrality, combined with detainees and lack of judicial remedies to protect the rights of inadequate design, etc. the reason, detention in judicial practice applicable rate is high, extended detention, widespread extension of detention, detention should have a criminal compulsory measures under exceptional circumstances only applicable, but has become a punitive commonly used to combat crime measures. During the legal rights of detainees in custody are not fully protected, proceedings of the judiciary in order to ensure the smooth progress of the phenomenon of abuse have occurred, these situations are to some extent questioned the credibility of the judiciary.The amendment to the Criminal Procedure Law from the general provisions to implement all of the efforts to strengthen the protection of human rights, as a starting point for the detention of applicable conditions and procedures were appropriate supplement and perfect, but because the system does not touch the pending custody the fundamental flaws, our system is still a pending custody considerable space need to upgrade. This paper focuses on the pending custody regimes basic theoretical research on the pending custody system in Germany, France, Britain, the United States and major Western countries, the rule of law are introduced, analyzed and summarized the advanced countries of Western rule of law and judicial practice of legislative experience, combined with this analysis of the provisions of sub-amendment to the Criminal Procedure Law custody pending system problems: high applicable rate pending custody, detention for an indefinite period, not a neutral place, lack of judicial relief, on this basis, and the shift from the concept of justice improve two aspects of the judicial system, to further improve the system of pretrial custody made specific comments and suggestions.