Abstract: An interpretation of Article 98 of the Criminal Procedure Law shows that the time limit for handling cases and the term of custody of the criminal suspect or defendant in China have been confused with each other and misused for a long time. The reason for this is that the term of custody is subordinate to the time limit for handling cases. Since its establishment, the time limit for handling cases has the function of limiting the longest custody term. However, due to the widespread phenomenon of “custody to the end” in early stages of the implementation of this system, the two different limits co-exist, and other important functions of the time limit for handling cases are suppressed. With the separation of custody and case handling, the independent value and main functions of time limit of handling cases, namely "improving quality and efficiency" and "controlling power and protecting rights", have been restored. In practice, however, China has always used administrative means to manage time limits, being obsessed with pursuing time constraints and efficiency while ignoring the protection of the interests and rights of the parties involved. As a result, the independent function of "controlling powers and protecting rights" in time limits has not been given full play to. At present, completely abandoning the time limit for handling cases and adopting the foreign litigation system that is completely based on mechanism for handling cases is not in line with China's national conditions and traditional judicial experience. A gradual litigation-based reform plan is more feasible. The basic idea is to move from a power-dominated model of “handling” to a right-protecting model of “relief”, weaken the administrative management function of the time limit, enhance the participation and discourse power of parties in the extension and adjustment of the time limit, establish a relief and compensation mechanism for delay, and strengthen the external supervision by procuratorial organs over the management of the time limit.

Key Words: time limit of handling cases, term of custody, time limit management