The Research On Pre-trial Custody System

Pre-trial custody is custody of suspects or defendants before a court ruling in accordance with law.The system of pre-trial is mandatory and guaranteed.The system of pre-trial custody can play a function of procedural safeguards and prevention of'social dangers.Identify the facts of the case,the theory of national sovereignty and utilitarianism are the basis of the need for Pre-trial custody system.Presumption of innocence,power of restraint and due process are the restrictive basis of pre-trial custody system.These values with different and even conflicting orientations are manifested in the theoretical basis for pre-trial custody.To establish a reasonable and justified pre-trial custody system.The Construction and Operation of pre-trial custody should possess the independence principle,the statutory principle,the principle of judicial review,the custody-comes-last principle,the principle of proportionality,and the principle of effective relief.The present research lays our common features of pre-trial custody by studying institution attributes,functional orientation,applicable procedures,period of custody,place of execution and remedial procedures.Pre-trial custody in China has serious defects in practice.The system of pre-trial custody has not yet been independent from the detention and arresting system.The unreasonable application of the requirements has caused the functional orientation to be punitive and instrumental.The approval process lacks the involvement of judicial power.Pre-trial custody applies to normalization.The suspects are detained for a long time.The execution site is not neutral.Relief procedure is weak.In order to respond to the change of social justice and improve the level of rule of law,we must improve our system of pre-trial custody.Adjusting the system of criminal coercive measures to realize the independent System.Resettlement of the applicable elements of custody to achieve procedural safeguards.The introduction of judicial power in the approval process.Through the completion of the system of alternative measures of detention,realising the implementation of the final principle of detention.In the custody of the period to implement the principle of proportionality.Adjust the dependency of the detention center,to achieve the detention of the implementation of the neutral place.To build an effective relief mechanism to protect the rights and interests of detainees.