Empirical Research About The Necessity Of Custody Review System In Procuratorial Organs

With the prosper of the theory of human rights protection, peoples’ concerns ofthe rights of the criminal suspects or defendants, gradually from the stage ofimplementation of custody after the guilty verdicts take effect goes to pendingcustody stage before they take effect. For the past few years, extended detention casesand illegal custody cases has been reported frequently in China, caused the extensiveconcern of social public opinion, the judicial image and the authority of law havebeen great damaged, so there has been an increasingly louder call for legislating aboutthe necessity of custody review system in academic and practical fields.The amendedcriminal procedure law and rules of criminal procedure by the People’s Procuratorateson Trial has construct the necessity of custody review system from perspective ofsubject, method, content and procedure, and this will have far-reaching implicationson the development of the criminal justice of our country and the modernization of therule of law. But there still exists some problems that cannot neglected, the specificcontent of the system stipulated by the current law is rough and incomplete, so howthe necessity of custody review system can play a good expected functions in China’scriminal justice environment in reality，change the chaos of custody and ensure therights of criminal suspects and defendants truly and effectively, has become the focusin academic and practical fields.So in this article, the author, with the perspective of empirical analysis, attemptsto reveal the present situation of our pending custody, the problems of detentionnecessity and so on in the practice of the current rules of censorship through theanalysis of the empirical research topics of cases and data from a sample of amunicipal procuratorial organs in the central China, and finally investigate theelaborate and detailed review process scheme and supporting system, and expect thenecessity of custody review system can be effective in the judicial practical level andcan be systematically and comprehensively to play itself function and value. Theauthor will discuss the necessity of detention review system under the context ofcombination arresting with detaining based on China’s current situation of judicature.Custody is a state of restriction of personal freedom necessarily caused by thedetention or arrest, the custody described in this article is the pending custody, namelythe custody after the approval of arrest to the front of the court ruling, the necessity of detention review system described in this article is focusing on the inspectionsupervision function in the investigation and trial phase mainly in the perspective ofprocuratorial organs. Custody is essentially a kind of exception program on preventivemeasures, and the necessity of detention review system is the inevitable requirementof human rights protection, power restriction and due process. There is a high rate ofarrest in the normalized, a low ratio and the non-standard procedure of changingcoercive measures and the arrests quality is not high in the pending custody of ourcountry, so the official establishment of the necessity of detention review system is ofgreat significance. Through the analysis of the current situation and existing problemsof the necessity of detention review system in the investigation and trial phase,building the specific procedures of the necessity of detention review system fromthree aspects——the start of the review process, the specific content of the review andthe processing of the review results, and perfect the related system from the connectwith the criminal reconciliation mechanism, the scientific performance evaluation, theinternal information sharing and so on.