| Pretrial custody,as a criminal coercive measure,generally exists in Criminal Procedure Law of almost all countries in the world,but these relevant provisions on the detention system connotation,procedures of application and safeguards to protect the detainee's rights are not exactly the same.China's custody system has its own characteristics.In China's criminal proceedings,custody is not a independent compulsory measure but,completely attached to criminal detention or arrest.In this paper,we will discuss that what problems exist in the application of custody system in China and how to improve it.The first chapter,firstly defines the concept,the nature and functions of custody in general sense,then reviews pretrial custody system of the extraterritorial modern countries which pursue a policy of rule of law,including the United States,Britain,France,Germany and so on,and refine the legislative principles,the spirit of rule of law and system designs that are available for reference.The second chapter will analysis and reflect the status quo of the custody system in our country in the perspective of judicial practice.Firstly,we inspected the current situation of criminal detention and what problems exist,then gives forward suggestions on how to improve.This is followed by analysising the application status and existing problems of arrest,and then proposes some recommendations to improve it.The third chapter is to discuss how to improve our custody system.Firstly,we need to determine some basic principles demanding to follow,including the principle of presumption of innocence,the principle of human rights protection,the principle of the parties,the principle of economic litigation,to make our country's custody system perfect.Then we will discuss the path to improve custody system in China,including constructing a unified system for pretrial custody and making non-custodial coercive measures play an important role in our criminal proceedings,to make coercive measures system more reasonable. |
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