Study On The Censorship System Of Custody Necessity After Arrestment In China

All along, there exist the issues of the arbitrary detention and prolonged detention in criminal proceedings. After the arrest of the suspect and the defendant, the public security and judicial organs relax the censorship of detention, and there are no separate legal provisions to limit the issues. However, with the investigating authorities continuing to investigate the facts, they collect more favorable or unfavorable evidences for the detained persons and the detained persons may no longer need to be in custody. The censorship of detention is urgent, otherwise the liberty of the suspect and the defendant is likely to be infringed, and it is difficult to obtain due protection. Therefore, in order to conform to the development needs of the criminal proceedings, the 2012 Criminal Procedure Law Article 93 provides for the censorship system of custody necessity after arrestment, that after the arrest of the suspect and the defendant, the prosecution has to examine whether the detained person need to continue custody. This is the Criminal Procedure Law to further implement the principle of the protection of human rights, and increased supervision in the legal responsibilities. The prosecution had to examine whether the detained person from continuing custody. The Criminal Procedure Law further implements the principle of the protection of human rights, and increased supervision prosecutors in the legal responsibilities.It is worth noting that, despite the 2012 Criminal Procedure Law clearly defines the censorship system of custody necessity after arrestment, but the article too much emphasis on the principled, and the operation is more difficult. In this context, the Supreme Court, Supreme Procuratorate have made the relevant judicial interpretations, especially Supreme Procuratorate of the People’s Procuratorate Rules of Criminal Procedure (Trial) ", which includes some provisions related to the censorship system of custody necessity after arrestment to enable the system to operate more easily in the judicial practice, but there are still many issues that need to be further improved. So, how to build a better and integral censorship system of custody necessity after arrestment is an important issue that we need to solve. In this regard, I would particularly like to be able to go through the writing of this article to contribute a small force on the censorship system of custody necessity after arrestment. Writing ideas is:the article introduces the concept, characteristics, theoretical basis and current situation of the censorship system of custody necessity after arrestment. We can find the main problems of the censorship system of custody necessity after arrestment, and analyze the reasons, and then put forward for proposal about improving the censorship system of custody necessity after arrestment.