The Study Of Detention Necessity Review System

The Criminal Procedure Law of the People’s Republic of China, amended in1996, did not formulate provision about investigating the necessity of custody after suspects arrest by arrest authority. It caused the supervision missing. At the same time, in judicial practice, the high detention rate, extended detention and disguised detention are witnessed everywhere. On the other hand, on the contrary, bail after the trial will give the case a lot of the workload and reduce the clearance rate; Secondly, the bail system,most of the suspects or the accused is difficult to achieve with the applicable requirements of the law of the guarantor or deposit,In2012,The Criminal Procedure Law of the People’s Republic of China modified again.The newly amended Article93of the law states that:"After the suspect or the defendant arrested, the People’s Procuratorate shall check the need for detention.The unnecessary should be recommended to be released or to change the compulsory measures.The relevant authorities shall take steps within10days and inform the People’s Procuratorate,The ordinance clearly asks to establish censorship on pre-trial detention, Procuratorial organs improve the supervision system.It make the law standardize and close to international system of protection of human rights standards. Balance the purpose of controling crime and protecting human rights.However, the law does not stipulate the standaed of review,the procedure of review and how to review,when to review.It makes practices difficult.This article bases on practices to prove the necessity of establishing a censorship and provide system supplement for the missing in theory.Under the guidance of principles of detention necessity review system,the article will discuss how to establish detention necessity review system to make the law more scientific and practicable.