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On The Problems And Improvement Of The Necessity Examination System Of Detention In China

Posted on:2017-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:F L ZengFull Text:PDF
GTID:2206330503486203Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Custody necessity censorship as the Criminal Procedure Law of the new system, in recent years, caused widespread concern in the judicial practice and academia. Build a comprehensive review of the necessity of the detention system to guarantee the smooth progress of the criminal proceedings, the parties to protect human rights, it is particularly important. But the current law provisions against detention system is too principled necessity, poor operability, such as when to start the necessity of detention under review,how to review, review mode, which department review, what standard of review and so on, all need to be clear, so as to better enable judicial investigators in the summary execution necessity review process more focused and operational, in order to make the need for detention censorship no longer a mere formality, the real play to safeguard the legitimate rights and interests of the party role. Therefore, this article focuses on the need for censorship from custody significance, domestic and foreign custody necessity censorship comparative analysis of the principle of the necessity of detention censorship build and how to build specific censorship of the necessity of detention, such as start time,start-up mode, review mode, review criteria, etc. are described and analyzed in order to build a comprehensive review of the need for detention system to provide theoretical and practical reference guide.
Keywords/Search Tags:Criminal proceedings, coercive measures, catch detention procedures, the necessity of detention after arrest, Suggestions
PDF Full Text Request
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