The Need To Review The Work Of Local Research Into Custody After Arrest

After catching custody refers to a measure on the first detention of the suspect after the suspect before, approved the arrest of the accused were conducted its custody, is to make a valid judgment on the people’s court, its internationally recognized " presumption of innocence " has become a serious breach and challenges. For a long time our arrest rate, high light punishment after catching sentenced to long detention period, led to the " extended detention "," illegal detention " serious, reason is the lack of legal control and custody pending system has an extremely important relationships. The new revised " Criminal Procedure Law," the new section93, which establishes the necessity of censorship in custody, after catching custody review provides a clear legislative basis. But which provides a more principles in judicial practice is difficult to specific operations, in view of this, it is necessary to conscientiously sum up the experience of domestic and foreign-based learning system on the pending custody build the perfect catch custody reasonable necessity censorship. In this paper, the following five aspects of the necessity of detention after arrest censorship perfect studied.The first part of " the necessity of the construction of detention review mechanism catching Introduction." This section mainly describes the necessity of censorship in custody after arrest connotation, and after the arrest and detention in custody after arrest made connotation necessity to review specific analysis. Then the theoretical basis for detention after the establishment of the need for censorship catch:the principle of protection of human rights, the balance of power theory to analyze the principle of proportionality, the principle of sustainability, according to its established argumentation,Arrest made in our three areas to build long-term detention, etc.; second part of the "post-arrest detention necessity to build a realistic need for the review mechanism and health," China’s judicial practice from arrest rate; sentenced after catching a high light punishment after the detention of practical necessity of censorship needs and circumstances of detention carried out by the Lan Ling County, Shandong Province, People’s Procuratorate investigation and supervision department, after the implementation of the rehabilitation Criminal Procedure Law, has been exploring the need to review the implementation of fishing-related work carried out in-depth analysis, summed up the problems identified in the operation of this mechanism:the jurisdiction resulting in less efficient; fewer cases than contradictory, leading to the review underpowered; judgment standard of review to be further unified; examine the mysterious arrest, leading to the review process does not reasonable; effectiveness of the necessity of detention review mechanism to be determined; examination showed no remedy procedural safeguards, etc.;The third part of the " necessity of censorship charge detention comparative study and reference." Through comparative study on the need for review of the detention system of common law and civil law countries or regions of the country or region. Draw the following revelation:first, the need to apply to the review body should have custody of neutrality; secondly, the need to review the detention should be clearly defined time intervals; thirdly, the need to review the applicable procedures in custody should have a basic impartiality; fourth, the need to review the conclusions of detention should have a certain authority.The fourth part," the necessity of detention after arrest constructed censorship proposal." In this paper, the principle of the necessity of censorship in custody after arrest to be followed, the need to build the perfect detention review mechanism put forward specific ideas:a clear necessity to review the subject in custody at different stages of the proceedings; examine objects; necessary custody after arrest review of the startup route; custody after arrest necessity to start the review period and so on.The fifth part," the need to develop and censorship after catching supporting measures related to custody." As the need for sound custody rights relief mechanism to review, improve alternative measures of detention, the need for a review mechanism to build detention and criminal settlement convergence and so on.