The Censorship Of The Necessity Of Custody After Arresting From The Perspective Of The Revised Criminal Procedure Law

This paper focuses on the provision of the ninety-third article on the custody of the need for censorship from our country’s revised Criminal Procedure Law, by comparing and analyzing the basic relationships of custody need examination system, to explore the constructional elements behind the custody need examination system after arrest. It framed in the way that this system better applied in the judicial practice, and analyzed the main problems that may be involved in judicial application.The custody need examination system after arrest is a new litigation supervision that the revised Criminal Procedure Law gives prosecutors. After the implementation of the system, in ideology the procuratorial organs set the ideas of the departure of the deadline for handling criminal cases and the custody period, the integration between pretrial detention measures and non-custody measures, the equal stress laid on the human rights protection and the lawsuit safeguard, the compatibility between the judicial review and the administrative examination and approval. The division of the review function gives priority to the case handling department, and the procuratorial supervision department as a supplement. It clears the responsibilities of each department, like the investigation department, the public prosecution department, the second procuratorial department, the juvenile procuratorial department, the procuratorial supervision department, the complaints department, the case management department and other departments. The scope of the case review covers all custody cases especially the cases in the office in the stage of the review prosecution. The contents and standards of review include the seven factors of the alleged crime severity, the second crime possibility, the implementing crime suspicion, the obstructing lawsuit possibility, the remain in custody compatibility, the custody deadline legality, the handling case particularity. The review start mode has the active review according to the authority and the passive review in accordance with the application.This paper focuses on the study of the measures of the deadline synchronization review, the pre-review link, the setting to the overlong custody deadline review, and other measures, to strengthen the active review from the procuratorial organs, actively explore the written review, the comprehensive review and the hearing review, improve the grade three examination and approval system, explore the case responsibility system from the chief prosecutor, reasonably determine the main decision-making effectiveness from all the levels of the subject, and establish and improve the reply to the examination opinion and the feedback mechanism.