Discuss On Building Of Detention Necessity Censorship

In2012, the Criminal Procedure Law of the PRC had experienced the secondamendment, and for the first time it established the procedure of procuratorialorgans’ review on necessity of custody, in the form of legislation. This changeimproved the appendant, fragmental situation existed in the origin detention system,which is not only a vital step on China’s pre-trial supervision program reform, alsoone of the highlight in the Amendment. It shows great significance on resolvingthe issues like,“constitutive sin upon arrest”,”arrest over investigation”,“a catch inthe end”, and “idle detection after catching” in current judicial practice. It’s a newresponsibility granted by the latest criminal procedure law that procuratorial organsneed to follow the necessity of custody of the procuratorial review system; As aresult of probing into the establish mental meaning and legislative justification, itunfolds custody review is the key to resolve light punishment and high custody rateissue in current circumstance, which is also the fundamental motivation of itsestablishment. Meanwhile, by referring to the bail system, periodic reviewing system,and measures of habeas corpus from foreign custody relief regime, combining withthe pilot experience&modes across the country, a custody review system is thusbuilt up under China’s specific conditions. From the internal working mechanismsupervision perspective, procuratorial organs are the most eligible departments tofulfill the custody reviewing responsibilities. It could save the Litigation Reformcost and achieve the censorship and relieving functionality by adopting differentapproaches against the reviewing contents, eg, legal department can choose to starthearing as per policies, activate regular examination on the written documents underone’s authority according to the crime types, like misdemeanor, felony, illegalcustody or custody necessity.