Study On Examination Mechanism Of The Necessity Of Custody After Arrest In China

Protecting human rights and control crime is the fundamental purpose of thecriminal procedure. The revised criminal procedure law emphatically reflects theconstitutional principle of "state respects and safeguards human rights", the secondto write this principle into the general rules and many modifications in the whole lawand add a lot of rules, ensure that the implementation of the constitutional principles.New as prescribed in article93of the criminal procedure law:"the criminal suspector defendant was arrested, the necessity of the people’s procuratorate shall remain incustody review, does not need to continue custody, shall advice to release or changethe compulsory measures". The rules to make our country an arrest detentionnecessity censorship has the properties of quasi judicial review, and become ahighlight of the repairing method. But the rules are the principle, general, not easyoperation, easy to cause in the practice of procuratorial organ examination become amere formality, the necessity of the custody further perfect the relevant provisions, itis very necessary. This article through to the xinjiang city people’s procuratoratearrested nearly five years, arrest judgment to the case and the analysis of thequestionnaire survey data, find the problems existing in the custody after catching,this paper studies after his detention necessity to review, by outlining the basicconnotation of custody after catching, after catching problems of custody mechanism,and to explore its causes problems, Suggestions to consummate the idea within theexisting legal and institutional framework.This paper consists of five parts: the first part is the necessity for custody aftercatching review mechanism of legal basis and practical significance are summarized.The second part is on the investigation to the foreign system of custody review aftercatching the necessity. Using the methods of comparative analysis, the representativecountries of continental law system and Anglo-American law system after catching custody system analysis. The third part is the review of custody after the empiricalanalysis of our country. This part the author cited a large number of data andquestionnaire and symposium which information, summed up the judicial practice,the main problems existing in custody after catching. The fourth part for our countryafter his detention problems and cause analysis. This section analysis aimed at theproblems existing after his detention necessity defect review mode, review procedurelegislation, censorship lack of follow-up safeguard measures, arrest the decisionauthorization is too wide, prompted a vacuum supervision. The fifth part is theperfection of custody after catching the necessity censorship in China.Including three aspects, first, the basic principles of establishing necessarycustody after catching review; Second, clear custody after catching the necessity thebasic content of review; Third, perfecting and arrest of detention of related laws andregulations;...