An Essay On Censorship For The Necessity Of Detention:Principles And Practices

Censorship for the necessity of detention,a unique power authorized by the revised Criminal Procedure Law for the procuratorial organ, is based on the protection of human rights, it breaks the practice predicament of "Arrest and detention till the end", strengthens the procuratorial censorship for pretrial-custody, makes censorship for restriction of personal freedom continuously from the beginning to the end, guarantees the litigation and reduces the custody, safeguards the legitimate rights and interests of the detained, it’s a big progress and highlight of the revised Criminal Procedure Law. According to this system, the procuratorial organ has obligations to censor continuously, based on the authority or the parties apply, determine whether the detain shall be continued, if not,the procuratorial organ should give suggestions to the relevant authorities to release or change the coercive measures. The Supreme People’s Procuratorate authorized the departments of investigation supervision, prosecution and prison supervision to share the censor power for necessity of detention, a choice based on the analysis of comparing the three departments’advantages and disadvantages. But there are still problems in judicial practice such as coordination, conformation to the standard and obstruction in supervision. So there should be a scientific construction to the subjects, procedures, contents, methods and after-treatments in the censorship for necessity of detention, in the meanwhile, make solutions to the restraint factors of some key problems in system working in order to truly safeguard the legitimate rights and interests of the detained. The author tries to explore a specific and feasible mode for operation according to the principles of the censorship for necessity of detention, and the working practices in procuratorial.