On The Necessity Of Detention Review Mechanism To Improve

Custody is the criminal suspects or defendants personal freedom restriction measures, improper custody measures implementation is easy to make citizens’ personal freedom rights are violated. In order to protect the legitimate rights and interests of criminal suspects and defendants, modern country under the rule of law to build the necessary of custody review mechanism. Custody is necessity to review relevant organs of custody is it necessary to review. Detention necessity review mechanism to restrict custody rights and safeguard human rights, but also can promote the procedural justice and litigation efficiency. Western countries generally formed a relatively perfect detention necessity review mechanism. Stepped up to the protection of the criminal suspect or defendant right, and establishes a relatively clear review standard, the scope of review, the burden of proof, adopting diversified way of review, set up custody need to review the relief way. The value of this article is trying to expound necessity custody censorship, draw lessons from western countries need to review the experience of legislation of custody, on the basis of provide a reference for the perfection of detention necessity censorship in China.In this paper, a total of four parts:The first part: explain the concept of detention necessity censorship, nature, custody review mechanism for restricting custody rights, safeguard human rights, and promote the significance of procedural justice and litigation efficiency.The second part: mainly introduced the Britain, the United States, France, Germany, Italy, Japan, the general situation of the legislation, and the two big law countries held the necessity to discussing and censorship.The third part: the paper introduces the necessity custody censorship in China on the legislation of the whole. Points out the defects of our country’s custody review mechanism.The fourth part: put forward the Suggestions of perfecting our country’s custody review mechanism. Mainly accurate positioning detention necessity examination, determine the detention necessity examination standard, delimits the scope of custody need to review and improve the detention necessity examination way, need to review the burden of proof of custody clear, perfecting the custody need to review the relief way.