Charges Not Long Pendens Solutions

In May 2013, the central committee issued "about the clean up across the country for a long time and never notice of case (commissar [2013] no.14). The file specified: never long detain case refers to the criminal suspect or defendant in custody more than three years have not yet accepted the case. And according to the supreme people’s court of procuratorial department statistics, as of December 2013, the country for a long time with a total of 1766 cases of uncertainties of custody more than 10 years has not accepted the 92 cases, which has accepted the 169, less than 10% of the total number. For long and don’t never case but at the present stage our country judicial work faces a difficult problem for a long time, is the world within the scope of the judiciary on hot issues of mutual interest. For a long time and not definitely case serious infringed upon the legitimate rights and interests of the criminal suspect or defendant involved, also destroyed the socialist legal principles of fairness and justice, caused a heavy burden to the parties involved and their relatives. Never caused long detain case for a large number of reasons are complicated and varied, which includes the current law is imperfect, judicial supervision mechanism is not sound and other objective reasons, also include the judiciary personnel legal consciousness indifference, low productivity and other subjective reasons.In this article, the author detailed analysis for long and don’t definitely case reflects the main problems, and from the imperfect laws and regulations, supervision mechanism is not sound, legal relief channel not unobstructed, judicial personnel legal consciousness is not strong, etc, this paper discusses the causes for a long time and no case of the main causes of proliferation, and put forward the perfect relevant laws and regulations, establish and improve the judicial supervision mechanism, expand the approaches of judicial relief, and raise awareness of the responsibility and the procedure of the judicial personnel and so on a series of countermeasures and measures to solve the problem.