A Research On Custody Necessity Censorship In China

"Criminal procedure law" newly amended in2012establishes the foundation of pretrial custody necessity censorship. As pretrial custody is a severe judicial means of restricting or depriving personal freedom of citizens, extraterritorial counties generally set up severe censorship to prevent its abuse. Custody necessity censorship, as a new policy in China, is critically significant for the practice of the presumption of innocence, the protection of human rights, and rapid litigation, to protect the constitutional rights of the person in custody, and regulate the custody activities. However, this newborn necessity censorship has some deficiencies. It is hard to keep neutral for censorship subject, to protect the participation rights in written materials’ censorship, and to provide the rights and ways to object for people in custody. Besides, it has no clear standard of the application, unclear review period, non-review system, and no illegal accountability mechanisms.after the investigation of legislations in the two big great legal systems, many similarities are founded in the structure of custody necessity censorship, and provide advanced experience in legislation to improve this system in China, if corresponding to Chinese condition. to cope with these deficiencies, this custody necessity censorship should be reviewed by disinterested and neutral prosecution parties; when censoring the contents, it is necessary to examine whether the reasons for the necessity of custody comply with the law, and furthermore, to examine whether the reasons are objective facts that can be corroborated; clear review period should be set; minor criminal cases are defined as the ones that must be initiatively reviewed by the authorized power; cases are quantitatively assessed, and hearing model can be introduced when necessary; a regular review system is established; the implementation of the review decision is to be strengthened; and the improvement of supervision and relief mechanism, and accountability mechanism are to be established.