Empirical Research On Detention Review System

In China, judicial branches place too much reliance on detention. The fact that suspects have always been put into custody after being arrested leads to the high detention rate. What’s worse, the illegal and extended detentions have long been problems in China, which constitute huge violations to human rights. Under such background, Criminal Procedure Law of the People’s Republic of China 2013 and Rules of Criminal Procedure of the People’s Procuratorate(for Trial Implementation) had established the detention review system. Although the basic frame of the system had been built, the lack of the detailed rules made the implement a big problem in practice. In view of this, some of the local procuratorates around the country had made their regulations and obtained certain achievements. Till now, the detention review system had already been established for 2 years, whether it functions well or not in other local procuratorates, especially those not pilot should get more public concern. This article chooses the People’s Procuratorate of County W as an research sample and brings up some suggestions about how to improve the detention review system by focusing on its practice and existing problems.This article has been divided into four parts,and the total number of words is 22000:Part one is the introduction to this paper, including research background, current research situation, research object and methods. Research background introduces the background of the establishment of detention review system as well as the explorations in several places. In the mean time, the author points out that there are still some problems in practice and that is the reason for the author to write this paper. Current research situation includes the description of the related theory of foreign countries and domestic regulation about it. The researches done by the scholars are also included. Research object is about the general knowledge of the People’s Procuratorate of W County and research method is about the detailed methods applied in this paper.Part two is about the judicial practice. Two parts will be included: First is the practice of the People’s Procuratorate of W County. The author collects the number of arrested suspects from 2011 to 2013 and puts forward the practical significance of the detention review system, following by the number and ratio of cases handled by different divisions within the procuratorate. The second part gives a detailed introduction to the practice: divisions of the procuratorate all take part in the detention review; the procurators play the key role in starting the review process; rights of suspects and defendant for review petition have been notified; cases have been selected to review; most of the suggestions brought up after reviewing the detenion have been accepted by the public security organs and so on.Part three discusses the practical problems in reviewing the detention. Combined with the replies of questionnaires and the practice, the author points out that there is some dissatisfaction with the existing review system, for example, there is no leading division in charge of the review; the attitude towards review is not satisfied;there is shortage of prosecutors; review scope is too limited;the way of review is not transparent; the document is not unified and standardized; there is lack of remedies and the related mechanism is far from perfect.Part four illustrates suggestions for improvement, including establishing new division in charge, changing the working attitude, increasing the number of personnel; expanding the scope of review by establishing the overall review mechanism; innovating ways of review and building hearing system; unifying the related document and enriching the contents; enriching ways of remedies; improving related mechanisms, like information communication mechanism, supervision system, and accountability mechanism.