A Study On The Necessary Review System Of Detention

Custody is one of the most stringent compulsory measure, which is necessary to prosecute a crime, but it is bad for the criminal suspects or defendants’human rights, so the western countries have carried on the strict legal control on custody, but our country has been short of the strong control of the custody, resulting in extremely high rate of custody in our country and the prohibition detention phenomenon. In2012our country has increased detention necessity of censorship, offering criminal suspects or defendants some relief, so that our country can reduce the rate of custody and solve the problem of detention. But the regulations are too simple and principle, the body of the necessity to review specific Settings, examination time, examination way, the content of the review and examination standards are no rules, which is disadvantageous to the appliction of detention necessity of censorship. Based on this, on the analysis of the problems of detention necessity of censorship in China and on the basis of reference to two big legal system country related practice, we are to explore the custody of the effective implementation of the need for censorship in China. Specifically, this paper is mainly in the following several parts:The first part is mainly to raise problems for study through the analysis of cases,this article is based on the analysis of our country and the west in the application of arrest, detention and other compulsory measures in different conditions, and in2012the criminal procedure law has increased detention necessity of censorship, which leads to the content of the system discussed in this paper.The second part, first of all, the author makes an explanation for the necessity of the custody,does more comprehensive analysis on the meaning of the necessity of the custody,compares the necessity detention and arrest the necessity, and analyzes similarities and differences of the two, especially from the necessity of detention and arrest examination content, features, and criterion of the difference between the two, in order to make clear the essence of the necessity of custody in criminal procedure law in our country. In addition, in this chapter, the author also combines with the provisions of article of the criminal procedure law in2012to do a simple analysis of the meaning of censorship, and summarizes some characteristics of the system.The third part is mainly held in western countries, focusing on Britain and the United States and the four necessity about custody review, the relevant provisions of the necessity to probe into custody censorship in the development of these countries, in what is need for institutional environment, and how to play a role, and sums up the two big law countries necessity in custody censorship system positioning, the review subject, review, review of content, and the remedy mechanism in common, and then find two law countries regulations necessity custody censorship significance to our country.The fourth part is to examine the application of censorship of detention in judicial practice, the author collected since the new "Code of Criminal Procedure," the first time for the implementation of some of the region’s need for censorship in custody cases, and from a selection of16cases, and from the applicable case type, the way to start reviewing departmental review and examination standards and other aspects of the way, the author tries to sum up the necessity of detention censorship laws applicable in practice, In addition, the author of this chapter analyzes the necessity of detention current problems of censorship, censorship of the necessity of detention positioning system, examine the body, to review the way, detention necessity criteria, content and relief mechanisms proof mechanism to do a comprehensive detailed summary.The fifth part focuses on the reasons for detention of the necessity of censorship problems, from the main idea of litigation, construction litigation, litigation supervision, custody, defense and other aspects of the causes of the problem were discussed, especially for custody litigation supervision necessary to identify of censorship in our country applies the missing soil.The sixth part is to discuss the effective implementation of censorship custody, this part focuses on the need to review the conduct of prosecutors in custody inevitability, determined action of the review methods, the risk of social sectors and specific review to determine effective build the right to relief mechanism.