| The detaining is a criminal measure of deprivation personal liberty after thedefendant was arrested in order to ensure the proceedings carrying out successfully.The damage is irreparable for the escorted person when the detaining used byimproper application or extended. Therefore, each country establish strict judicialreviewing procedure to control the detaining, and build system of detaining relief toprovide a way for criminal defendants to safeguard the legitimate rights and interests.Compared to China, we are lack of legislative system on review and oversightdetaining, and there is no a separate detaining censorship, so the criminal defendantscan not really exercise their rights once they are detained. This also resulted in highrates of arrestment, and the prisons are overcrowded. It happened so frequently ondetaining abusing and extended detention.Through long theoretical inquiry and practical experience, Criminal ProcedureLaw was modified in2012. The Article93established the system on necessitycensorship of detaining after arrestment, which gives the prosecutorial organs thepower to supervise and review the detaining. There is a major advance andepoch-making significance in history of law. At the same time, it will be benefit foreasing the high rate of detaining.Although the Rules of Criminal Procedure of the People’s Procuratorate(Trial) promulgated by the Supreme People’s Procuratorate made the system morespecified, but it is still general and vague to operate the censorship of detaining in judicial practice. How to really play its due role in this system becomes a heateddiscussion in society.This article will try to analyze this system from legislative and practicalaspects, to investigate the operating and defeats of the system in practice. By studyingforeign law and related system, the article will propose meaningful advice to improvethe system of reviewing the necessity of detaining after arrestment in the future. |
PDF Full Text Request