A Study On The Necessary Review System Of Detention

Detention as one of the important criminal justice systems, reporting directly to thesuspect or the accused ’s liberty produced limited results, not a mandatory power to intervenein private rights, relationships, personal rights is very important, and therefore, in theory,should be in-depth studied and explored in practice and impartial operation.This first part is mainly talking about the needing for review of detention and detentionoverview. Review of the theoretical basis of the necessity of detention is protection of humanrights and the presumption of innocence, and the principles of necessity and proportionalityarrest, as well as the inspection authority to exercise its function of legal supervisionpositioning, its value proposition is divided into three levels, one of which is to protecthuman rights, following the rules and spirit of the Constitution, and the second is tostrengthen the power constraints, three for the implementation of the policy of combiningpunishment with leniency so strong sanctions and protection of human rights to achieve abalance, the third is to strengthen legal supervision, and protection of the legality of theexercise of power as well as suspects or the defendant’s legal rights.The second part analyzes the necessity of establishing custody censorshipbackground and status. Before our legal system does not provide this, detention did notbecome a stand-alone program or system, but with the arrest of blend together, because ofdetention period, conditions, etc. There are many problems and vulnerabilities, often therewill be " a charge in the end " of the situation, resulting in the suspect’s liberty and rightshave been seriously violated, our country in the most established in Criminal Suit necessityreview process, but due to legal and judicial interpretation of the provisions are too generaland abstract, resulting in the implementation process of the system, the program still existshall not careful, review standards and other issues is not clear.The third part analyzes the current needing for censorship of custody requirements.Necessity of detention review was revised “Code of Criminal Procedure”, given theprosecution a new specialized legal supervision, the scope of the case, the needing for allthose arrested after the suspects or defendants remain in custody need to be reviewed. Inrelated areas, detention and arrest because while it exists in natural link includes all aspects ofbeing arrested, where the investigation, prosecution, etc., and in the first instance to have a retrial of the many stages of existence, its necessity review will also inevitably need toinvolve more different phases.The fourth part analyzes the detention should be necessary institutional censorship soundand architecture. In the time period, the review should also periodically review and keepunder review both; in start-up mode, the review should be carried out prosecution activeand passive upon application startup; After reviewing the content, should primarily examinewhether the suspect and other major diseases five factors; in a manner that should not becompletely hearings style review model; review body should also start from the prosecutionitself, in terms of its internal set the corresponding department.The fifth part is mainly telling the necessity of detention review process to analyze theeffectiveness of the review, the People’s Procuratorate in the necessity of detention review, ifdeemed unnecessary to continue detention, should " recommend " instead of "decision" to bereleased or change coercive measures, the relevant authorities should be handling the situationnotice people’s Procuratorate, rather than by the People’s Procuratorate, approved. At the sametime, put forward in custody review process, the rights of criminal suspects and defendantsremedies.