Study On The Process Of Detention Necessity Review After Arrest

The high rate of custody and detain deadline has always been a seriouscomplaint in the field of criminal proceedings in our country, there isno relevant legal regulations to supervise the state of custody when thecriminal suspect or defendant was arrested. But after the arrests, thecase facts and evidenceand will probably be changed with the deepeningof the litigation activity, for this reason,the detention necessity maycease to exist,so it is urgent to set up a process of detention necessityreview after arrest. Fortunately, at2012the article93of the newcriminal procedure law explicitly stipulated that when the criminalsuspect or defendant was arrests, procuratorate should still review thedetention necessity, this article as one of the important progress ofthe new criminal procedure law, it is not only definite gives theresponsibility of review the detention necessity after the arrest toprocuratorate, but also to some extent established the guaranteemechanism,it is a important reflection of respect and safeguard humanrights, and plays a large role to protect the legitimate rights ofdetainees. However, although tthe article93of criminal procedural law has setup the process of detention necessity review after arrest, but theprovision is too principle, the operability of which is not ideal.Although the Supreme People’s Court and the Supreme People’sProcuratorate issued related judicial interpretation, especially theSupreme People’s Procuratorate issued the new"People’s ProcuratorateCriminal Procedure Rules (trial)", it is make the explanation andelaboration related to regulations, this program makes the process hasmore operability, but there is still in need of more improvement. So itis urgent to reasonably build the specific procedure and complete therelevant supporting measures. Based on this, the author hopes that makea contribution to complete the procedure with this article.This article is divided into four parts to study the process ofdetention necessity review after arrest:The first part is makes a brief analysis of the related basic theory,first of all, introduces the related concepts and properties, thenemphatically elaborated the important valueour of this new procedure inChina.The second part elaborates the operation situation of review processand the existence predicament in China,detailed introdution the relatedlegislation rules.Then analysis of existing obstacles in China.The third part is to reference and comparison the foreign relatedprocedure, firstly introduction the custody of foreign judicial reviewdecision process, and then focus on foreign custody judicial reviewprocedure.At last to make a brief summary and analysis of the system.The fourth part is the writing key of this paper, this part firstlyanalysis the basic principle which the review process should followd, andthen put forward my views and the suggestionin to improve the process withsix aspects such as the process of startup and subject of responsibility,the relevant term and method of examination, evaluationsystem and relief measures and so on, finally is put forward my ownproposals to complete the relevant supporting measures.