Research On The Pending Detention System

The existence of Chinese pending custody system can be traced back to the Xia Dynasty at the earliest.Its purpose is to prevent the criminal suspect from getting away with punishment and to ensure the smooth progress of criminal proceedings by depriving him of his personal freedom with the national coercive force.As a measure to deprive the criminal suspect of personal freedom in advance before the court’s judgment,the concept of pending custody is incompatible with the presumption of innocence,but as a preventive measure to prevent the criminal suspect or defendant from obstructing the proceedings or committing new crimes,this system is universally established and applicable in the world.At present,there are still some problems in China’s pending custody system,such as the attachment and non-proportion of the duration of custody,the non-neutrality of the place of custody,and the imperfection of the remedy measures of custody.In view of the existing problems,through referring to the relevant system provisions outside the region,put forward the corresponding improvement measures and Suggestions,namely the establishment of independent custody procedures;Refine the conditions of arrest,improve the minimum standard of punishment;Establish a procedural sanction mechanism for prolonged detention;We will promote reform of places of detention.