Research On China's Temporary Custody System

The temporary custody system is a kind of compulsory measure for temporarily restricting the freedom of criminal suspects,which are arrested in the allopatric place by the Public Security Bureau in the process of handling criminal cases.This system is applied to awaiting handover criminals at large by the Public Security Bureau.Considering the vast territory of China,once a criminal suspect has fled from the location of a crime,and is captured by the public security organs having no criminal jurisdiction(arresting organs)——These mechanisms are different from the guilty place's organs which have the criminal jurisdiction.The arresting organs will usually temporarily remand the criminal suspect to the detention center where he was arrested at first,and waiting for the mechanism with jurisdiction to arrive to deliver the suspects.The system of temporary custody can effectively control the suspects at large in time to ensure the criminal litigation procedures proceed as planned,improve the efficiency of the Public Security Bureau,and save judicial costs.For example,the temporary custody system has saved the investigation costs of the case-handling agencies,the supervision costs of the arresting organs,and reduced the supervision risks of the arresting organs,etc.However,this system intensifies the tension between the personal rights and interests of criminal suspects and the investigative right of investigative organs.Based on the analysis of the current situation of criminal suspects in custody temporarily in the criminal proceedings of China,this paper holds that the current regulations on temporary custody system are lack of corresponding norms from the legal perspective.As for the regulations of the system,they only exist in the regulations of the Ministry of Public Security and the relevant internal documents.And these regulations and documents do not have explicit procedural provisions on the temporary custody system.There are still many problems in the execution procedure of temporary custody,such as imperfect legal provisions,lack of human rights protection,detention beyond the legally prescribed time limits and so on.The rights and interests of the criminal suspects who are temporarily detained need to be protected and improved in the criminal litigation procedures and criminal enforcement procedures.From the perspective of "punishing crime and safeguarding human rights","pursuing the balance between substantive justice and procedural justice",this paper puts forward some suggestions on the improvement of temporary custody system to make the temporary custody system more procedural and legalized in the criminal proceedings.The whole article is divided into four parts.The first chapter mainly introduces the object of the article,briefly introduces the concept of the temporary custody system,the development history,the emergency background,and other extra-territorial relevant systems.From the kens of jurisprudence and criminal procedure theory,the second chapter analyzes the functions and attributes of temporary custody,and discusses the basic principles of temporary detention in the criminal procedure.The third chapter mainly elaborates and analyzes the problems of temporary custody under the current circumstances,including the detention beyond the legally prescribed time limits,the lack of protection of the right of meet with defense counsel,and the nonstandard documents,etc.Based on the above researches and argumentation,the fourth chapter puts forward relevant suggestions from the perspective of criminal suspects' rights protection and litigation procedures with no obstacle.The final conclusion is a summary of the whole article and the prospect of future development of temporary custody.