Study On Necessity Review Mechanism Custody After Arrest

In criminal proceedings, in order to successfully push forward the program of criminalproceedings, to ensure the efficient Jiannuo penalties enacted detention system, temporarilydeprived of the suspect, the defendant’s liberty, is a violation of personal rights. For ordinarypeople, is second only to his personal rights to life and health rights of important politicalrights. Since the infringement of personal liberty irreversible, can not be restored with stateand non-compensatory, as the continued deprivation of liberty defendants in custodymeasures must be subject to strict legal controls. In addition, in judicial practice, detention isnot an independent enforcement measures, it is the arrest and subsequent detention, arrest anddetention of the accompanying state after state is also often arrested and detained after theinevitable-also known as "pending custody."[1]. Judicial error or improper detention incustody will be a serious violation of the suspect, the defendant’s personal rights and interests,and therefore must be more rigorous than the penalty of law that this measure of detentionproducer. Today, China is still a long-term presence,"a catch in the end","a charge in theend" phenomenon [2], the long-term detention rate is extremely high high, causing thesuspect in custody, the defendant’s legitimate rights and interests are not adequately protected.To this end, China’s newly revised2012"Code of Criminal Procedure," based on theperspective of human rights protection developed a need for censorship in custody after arrest,detention after catching the necessity of censorship rules, further limiting the custody of theaccompanying measures applicable, adequate protection of the personal rights of citizens,limiting the exercise of state power. The new Criminal Procedure Law of the AttorneyGeneral will give prosecutors the right to supervise, strengthen the supervision of theprosecution of custody, legal custody to fill the lack of supervision, strengthen the sense ofprosecutorial supervision prosecution to protect the legitimate rights and interests of detainees,reflecting the legal policy of combining punishment with leniency, is another advancement ofjudicial practice. But China’s new "Code of Criminal Procedure" in the necessity fordetention after arrest inspection system, but the principle of the the "necessity to review detention after arrest," the system, subject to its review, review criteria, review the contents ofthe review object review of the way, so no further examination procedures clearly defined,there is no necessity to improve detention after arrest review mechanism for guiding judicialpractice there are still insufficient. Given the necessity of detention after arrest perfect reviewmechanism is conducive to safeguarding the interests of the citizens and help maintain socialstability, conducive to building a harmonious society and the legal community, is conduciveto China’s realization of a dream. Therefore, I first detention review mechanism from thenecessity of introduction to start catching the basic content, including the necessity ofdetention after arrest censorship connotation studies custody after catching an overview of theneed for censorship significance and necessity of detention after arrest Review introductionmechanism of action, in order to highlight the need for censorship in custody after arrestimportance. Secondly, through the analysis of Custody censorship operating conditions, thedepth of analysis problems of the review mechanism, then put forward proposals to improvethe review mechanism. This part of the author through a review of the main body, to reviewaspects of the standard, review start-up mode, review procedures, review procedures andother aspects in relief, analyze problems, and then put forward the necessity to improvedetention review mechanism to capture the unique idea, in addition, to explore through aftercatching custody the need for a review mechanism supporting mechanisms throughcoordination within and outside the order to better improve our custody after arrest necessityreview mechanism.