Detention Necessity: An Empirical Study Of Censorship

For a long time, our country criminal justice practice, there has always been the problemof arrested custody generalization, high rate of custody. New Criminal Procedure addednecessity custody censorship, practice and academic circles have conducted extensiveresearch, but more for the law of legislation perfect suggestion or short term report, formed bythe view of the lack of operability. In order to enhance the operability of detention necessityof censorship, based on the combination of theory and practice research, select the C CityProcuratorate practice of detention necessity of censorship in2013first half, analyzed theresearch necessity custody review practice situation in our country and the system runningsince also the existing problems, and further explore the effective path, in order to promotethe constant improvement of the mechanism, better safeguard the rights of criminal suspectsand defendants.This article is divided into four parts, a total of about million words.The first part is necessity review summary for custody. This section discusses theconcept of detention, detention necessity to review the concept and value as well as thenecessity to carry out the detention review outside of practice. Custody has broad sense andnarrow sense, this paper uses is narrow, refers to before the court official, in order to ensurethe smooth progress of criminal procedure, to the criminal suspect or defendant adoptmeasures to restriction of personal freedom. Detention necessity review refers to theprocuratorial organ to the criminal suspect or defendant before the arrest until the courtdecision, whether to continue the necessity of custody review a custody supervision system.Detention necessity for the establishment of the review provides the detained person a kind ofinstitutional relief way, is the value of the four aspects: to perfect the custody system,strengthen the protection of human rights, strengthening the legal supervision and reduceform for custody. Countries outside the necessity in custody review on formed acomparatively complete system of a main limit of detention measures from three aspects: alimit on the substantial requirements from custody, mainly reflected in the establishment ofdetention necessity principle and applicable; From the custody restrictions on the judicialreview process, emphasizes the transfer after the arrested in time, the court should judge inthe middle; Three restrictions from regularly review aspect, especially strict limits on the extended detention period.The second part of western C municipalities procuratorial organs to carry out thedetention necessity review practice. First of all, in the first half of2013, C city to carry outthe detention necessity to review the basic situation analysis, summed up the current detentionnecessity of censorship in the operation of the distinctive features of seven aspects: accordingto the functions and powers start to give priority to,the public security organ according to thepower change before the enforcement measures to procuratorial organ examination is one ofthe important sources of functions and powers in accordance with the start-up, prosecutionstage start to give priority to, start the reason diversification, after change less coercivemeasures, procuratorial advice better implementation, imbalance of work and so on; Secondly,based on three typical cases in the actual operation, introduces detention necessity tograss-roots procuratorial organs in the practice exploration in the process of review; Finally,analyze case status, procuratorial organs extracted practice good experience, provide realisticsupport for perfecting suggestions. Such as B district procuratorate by necessity custodyreview hearing, fully listen to the criminal suspect, investigation and arrest departmentsundertaker who many opinions, such as investigation of criminal suspects the personal risk; Dcounty people’s procuratorate through " specialist, hearing, survey",comprehensiveassessment of the social risk of criminal suspects; S district procuratorate prisons departmentthrough the implementation of the rights of detainees to inform system, enlarge the custodyneed to review the source of clues, and at the same time, from the angle of maintenance ofminors’ rights to make changes to compulsory measures of procuratorial advice.The third part is the necessity review of the main problems existing in the currentcustody. This part through the analysis of the data characteristics and typical cases, summedup to put forward the necessity prosecutors detained five aspects of the common problems inthe process of review: and the public security organs have been arrested case of poorinformation communication, detained need review procedures are required to further perfect,lack of decision form rigid rules, lack of relief measures and custody need to review it afterproof standard.The fourth part is the suggestions and ideas of perfecting our country’s custody necessityof censorship. This part on the basis of analyzing the causes of these problems, combined withthe actual, put forward the necessity of perfecting the custody reality path: first of all, shouldimprove the police organs, procuratorial organs and court system linkage mechanism, solve the detention necessity clues, information communication and so on. Secondly, from theperspective of necessity custody censorship itself, shall be further defined for custody need toreview the subject, scope, examination mode, examination content, regular review, improvethe custody the actual operational review mechanism. Finally, from the perspective of theimprovement of the system of custody necessity of form a complete set, should set up custodyevaluation mechanism, the remedy mechanism, proved the necessity of mechanism, to furtherimprove the detention necessity ruling way, improve the teaching quality of custody reviewmechanism and integrity.