System Research Of Pretrial Custody

Pending custody refers to the normal statutory authority for the purpose of criminal proceedings before the court final, valid judgment is given to certain conditions and procedures based on the defendant or suspect a specific period of time, in a specific place deprived of their liberty a procedural measure and preventive measures. Custody pending action or effect brought about is self-evident, but it is also the most important deprivation of personal liberty. Foreign custody pending a sound system and a mature legal theory applicable soil, our "pending custody" as a dependent status, and the arrest and detention of the academic concept, did not appear in legal documents. Being deprived of custody pending the importance of pretrial custody and lack of theoretical research, decide the importance and necessity of pretrial custody system in academic research in China.This paper studies follow a pending custody system from macro to micro, from the general to one example, from theory to practice logical thinking. The full text is divided into four parts:The first part, the basic theory related to pending custody system and carry out an analytical overview of issues related to the connotation of the ultimate purpose of the system sucked, origin, characteristics and form a preliminary theoretical framework.The second part, on the basis of the theoretical framework pending custody system constructed by the first part, on this basis, continue to deepen the pending custody system theory constitutes, principles and functions pending a detention system were discussed in detail, and strengthen the theoretical foundation.The third part, from the microscopic viewpoint to explore outside the main list of some typical country pending custody system, a detailed comparative study, laying the groundwork for the ultimate end result.The fourth part, the end result of the pending custody positioning system to try and perfect the concept of pretrial custody system with Chinese characteristics, the final practice of exploration from theory to study.