Necessity Of Custody Review System

That how to resolve the problem of extended detainment is a key problem ofcriminal judicial practice in our country, and which receives much concern by society.So that how to guarantee the basic rights and interests of detainees effectively anddeal with the problem of extended detainment, has already become a social problem,which need us face it correctly and cannot be neglected. For the past few years, ourcountry has taken effective measures in the problem of extended detainment, andreinforces the supervision of extended detainment phenomenon. While the problem ofextended detainment has never really resolved, and made against the legitimateinterest of detainees. In2013, necessity of detention review system in new CriminalLaw has started execute, it not only could standardize the administrative acts, avoidillegal acts to a certain degree, but also could lower the detection rates, guarantee thelegal rights of detainees. In a word, the execution of necessity of detention reviewsystem could push on the speed to resolve the problem of extended detainment and ofimportant significances.On the foundation of the necessity of detention review system in new CriminalLaw, the thesis found that the premise of the necessity of detention review systemconstruction should let the “detain” a enforcement measure, but in our country, the“detain” doesn’t has independence to speak due to the arresting and detaining modelof integration, so there doesn’t has the “lexicase” of necessity of detention. Therefore,this thesis will discuss the necessity of detention review system under the context ofseparation arresting from detaining. The nature of detain is supervise, it’s validityexpression could prevent the suspect or the accused person, which has social danger,flee from justice or commit an offence once more, but detain is doesn’t discipline, thedetain system should follow the exception principle and proportionality principle, andmake the necessity of detain normalization and lower the suitable rate. Although thecurrent criminal procedure law and rules of criminal procedure by the People’sProcuratorates has construct the necessity of detention review system fromperspective of subject, method, content and procedure, but there still exists someproblems that cannot neglected. The thesis summarizes and analyzes the maincontents of pretrial detention in foreign countries under the rule of law, and researchfindings of the necessity of detention review system by home scholars. And then it puts forward that after put in jail for a period of time of the suspect or the accusedperson, in principle, the procuratorial organ should adopt written form plus interrogateform to judicial review that detainees whether exist the probability to commit suicideor escape, obstruct to take evidence and recommitment. Furthermore, it also shouldconsult following factors to make objective suggestions: personal character, propertystatus, social relations and so on. And combine measures of the system of periodicreview of detention, procedure sanction to combating the appearance of unnecessarydetention phenomenon. Meanwhile, in the perspective of detainees, it puts forwardthat it could give detainees rights to apply the necessity of detention review once moretime and limited litigious right which directed towards custody act.