Exploration Of Minor Criminal Record Abolition System

The additional detention necessity of censorship in article Ninety-Three, the revised “Criminal Procedure Law of the People’s Republic of China”, is a significant reform in the system of our country’s current arrest of detention, and an important measureof strengthening procuratorial supervision. The direct purpose of its establishment of the system, is through the intervention of procuratorial detention execution process toprevent power abuse, thus ensuring the legitimate rights and interests of criminal suspects or defendants in pre-trial. Although the law established the necessary custody after catching censorship, it is only an initial build. In order to better implementation of system, the author intents to investigate the detention necessity of censorship in four aspects: the legislative reason of the law and its functional properties and legitimacy, thecomparative argument and the nature of thought, the procedural operation, and the proactive thinking on its improvement.