A Practical Research On The Censor Necessity Of Detain After Arrest In C City

In order to strengthen the People’s Procuratorate to supervise the custody measures, prevent and correct the extended and unnecessary continuing detention, article 93rd of the current criminal procedure law gives the Procuratorial organ the authority and function on the censor necessity of detain after arrest, highlight the profound changes of China’s Criminal Procedure Orientation of Value and the continuous progress of Criminal Rule of Law, The people’s Procuratorate criminal litigation rules (for Trial Implementation) which newly revised by the Supreme People’s Procuratorate listed detailed provisions on the censor necessity of detain after arrest and has high operability. However, the Chinese law circle and practical departments remain controversial on some specific problems of censoring necessity of detaining after arrest, they think that the system is still not perfect enough. In view of this, the author takes C city procuratorate censor necessity of detain after arrest operating practice as the main object to specific inspect the operating status of censor necessity of detain after arrest mechanism and explore the existing problems and countermeasures through direct observation, investigation, cases and related literature collection, analysis and so on.First of all, this paper argues that censoring necessity of detaining after arrest and the censoring necessity of arrest has a close relationship, the connection lies in that they both have the broadest sense of censor necessity of arrest, the censor content is basically identical, as for operation procedure, censor necessity of detain after arrest is an extension of censor necessity of arrest, the major distinction embodies the censor right attribute, system function and partial examination content is not the same, In short, censor necessity of detain after arrest has further strengthened protection of the rights of the suspect, defendant, effective control of the power of custody and guarantee the properties and functions of the censor necessity of detain after arrest.Secondly, this paper specifically discusses the basic situation of censor necessity of detaining after arrest in C city. The author find that the arrest process maintains higher arrest rate in accordance with the principle of arrest for crime; Although arrest rate has ups and downs in different time, but overall custody situation is in a high rate, the effect of reduce the detention by censor necessity of detain after arrest can be seen, but is not prominent. The author argues that some of these unfavorable situations have links with censor necessity of detaining after arrest mechanisms:I. Startup censor time and period is not certain, which cannot guarantee the timeliness, scientificalness, and rationality of the censor. II. The Department of public prosecution has many cases by fewer people with much pressure, investigators are reluctant to do the censor necessity of detaining after arrest, so they do little censor. III. The actual censor in written pattern, the hearing censors is a kind of exploration, audit object determine through filtering methods, the key to censor the contents focus on if the detainees still have social risks, will hinder litigation or not; IV. Censor necessity detain after arrest procedure is basically adopts report to the immediate higher authority one level after another way, it assigns responsibilities to the people and clearly specify powers and responsibilities, practical effect is that the proportion of arrest changes to other compulsory measures is rising, but the reasons for the changes are more concentrated, mainly is "suffering from serious diseases, criminal reconciliation, the life cannot provide for oneself the person only to raise people" other more objective, intuitive, easy to determine causes.Furthermore, this paper analyzes the coordinated mechanisms of censor necessity detain after arrest, and finds that lawyers did not apply for detention necessity in examining cases a lot, did not give full play to safeguard the interests of the parties to the role. Internal communication mechanism is not intact; responsibility mechanisms have not been established. The provisions of the censor process "cannot implement the responsibility to the people".Finally, the author summarizes some practical experiences in C city, comprehensive censor starts the protection of the crime suspect, accused person the right to obtain relief; Primary and secondary distinct censor content can avoid the " a case of a check", greatly liberate the limited judicial resources; reasonable matching system can not only supervise procuratorial organs work seriously and play an important role to stop appeal and visit to a certain extent. In view of the problems, the author puts forward the following Suggestions:Periodic censor and random censor; To regulate and supervise public prosecution department From the system; To expand the scope of the case; To establish responsibility mechanisms and implement the responsibility to the people; to increase the implementation and supervision of detention alternative enforcement measures, to enhance its safeguarding role in the conduct of litigation.