Existing in the judicial practice of high arrest rate, high rate of custody problem, has become China’s illness in the process of criminal justice, not only infringe upon the criminal suspect or the defendant’s basic human rights, and influence our international reputation in the field of criminal justice. The new criminal procedural law has adopted various measures to try to reduce the rate of arrest and detention, in order to carry out “ respect and protect human rights ” concept , and maintain the criminal suspect or the defendant’s basic human rights and other legal rights. Custody review system stipulated in the ninety-third article of the criminal procedure law is therefore an example. But the rules are too principle, lack of operability. How to scientifically construct custody review system, make it becomes the system integrity, content reasonable and the actual effect of the guarantee of human rights measures become the major problems to be solved.