On The Necessity Of Censorship In Custody

On March14,2012, the National People’s Congress passed a new revision ofthe criminal procedure law of the People’s Republic of China, the new "criminalprocedural law" in the general rules of "respect and safeguard human rights",lawmakers paying more attention to the guarantee of human rights. But in the fieldof criminal litigation in our country, the situation of the guarantee of human rights isnot optimistic, and the spirit of the protection of human rights and the internationalstandard there is a certain gap, one of the most important one of the problems is theproblem is closely related to the personal freedom of custody. Custody is widelyused in the criminal procedure in our country, as one of the most stringentcompulsory measure, due to the provisions of the criminal procedure law of ourcountry, for a long time, high rate of custody, detention time is too long and has beenthe hot topic of society. In the judicial practice, the criminal suspect or defendant incustody state accept investigation and awaiting trial has become a regular pattern ofChina’s criminal lawsuit activity, and the trial stage, the people’s court to arbitrarydecision to arrest or to extend the period of time for handling the case by extendingthe necessity of custody in the case of detain deadline review has been regulatoryblind area, the criminal suspect and defendant is often lack of effective relief way ofcustody. To change the status quo, fully safeguard the human rights of criminalsuspects, defendants, increase the judicial relief way, to the custody of people newlyprescribed in article93of the criminal procedure law:"the criminal suspect ordefendant was arrested, the necessity of the people’s procuratorate shall remain incustody for review. Does not need to continue custody, shall release or change ofcompulsory measures suggested. The relevant agencies shall, within10days tonotify the people’s procuratorate processing condition." This provision formallyestablished the necessity custody censorship in China. This article introducednecessity censorship by detention and custody, the discussion on related theories, theneed for the legislation and the judicial censorship of custody in our country, and by introducing the continental law system and Anglo-American law system countriesabout necessity review and reference, relevant systems of the custody of the new"criminal procedural law" the93th the detention necessity of establishing thebuilding censorship puts forward the legislative Suggestions of the author’s point ofview and feasibility.