The Perfection Of Our Pretrial Custody System

Pretrial custody is a coercive measure in criminal proceedings that precedes the final outcome of the referee before the criminal suspect is held in the detention center and in another legal place and restricts his or her personal freedom.In our criminal procedure law,there is no explicit provision for pre-trial detention procedures,but the existence of custody as a subsidiary of detention and arrest procedures,which makes our detention system has never been independent from detention and arrest,there has series of problems in judicial practice.Therefore,this article from the pre-trial detention system to improve and build to start and focus on its related discussion,and put forward some of their own recommendations,so thisarticle is divided into four parts.The first part leads to an overview of pre-trial detention,summarizes the concept and connotation of pre-trial detention,and clarifies the functions and characteristics of pre-trial detention.The second part,through the UK,Germany,France,the United States pre-trial detention system to carry out the analysis,which focus on the application procedures,applicable conditions,the application period,the relief process to specific refinement.The third part starts from the actual situation of our country,reviews the current system of pretrial detention in China,explains the current situation of the system and states some problems in the system operation.In the fourth part,the author puts forward the conception of the system of pretrial detention in China according to the problems existing in the pre-trial detention of our country:1.Establish an independent pre-trial detention procedure.2.Clearly review the subject of pre-trial detention.3.Refine the substance of custody.4.Strictly limit the maximum length of detention.5.Establish a diversified relief mechanism.