On Improving The Substitute Measures Of The Pretrial Custody

With the anomie of detaining system, the problems during the pretrial procedure are also very heavy. As an important part of this procedure, the pretrial detention which is criticized harshly has been the focus of not only in theory but also in practice for many years. As a result, the substitute measure of the pretrial custody also occurs to a lot of difficulties and challenges. The author of this thesis would like to clarify the essence and function of this system, and comparatively analyze the substitute measures of the pretrial custody at home and abroad, and then try her best to find out the main problems of the current substitute measures of pretrial custody from the part of the safeguard of proceedings and in hopes that the system of China’s substitute measures. At last, in order to solving these problems, the author would try her best to come up with some practical measures in the hope that the pretrial custody will become more pragmatically.This master’s thesis has five parts as follows: At the beginning, the concept of several relevant terms, the feather and function of the substitute measures of the pretrial custody will be clarified; In the second part, by comparatively analysis of the function of the system of pretrial detention, the author would like to come up with the essence function of this system, that is mainly keeping the going-on of the trial instead of being a kind of precautionary measure; In the third part, from the angle of the safeguard of proceedings, the author would point out the main problems of the substitute measures of pretrial custody in China; In the fourth part, the author would like to put up with some suggestions to realize the goal or functions of the substitute measures of pretrial custody; In the fifth part, the author would make a conclusion of this thesis.