Research On The Necessity Of Detention After Arrest Censorship In China

How to solve the problem of high detention rate is always our problem in the practice ofcriminal justice, handle the custody after the catch is a reality that cannot be ignored, in2012,of the code of criminal procedure in China for the first time in the form of legislation toestablish the necessity of detention after catching censorship, provides for criminal suspectsand defendants has been arrested, prosecutors should review the necessity of theirdetention,The establishment of the system, makes the phenomenon of extended custody inpractice be monitored and corrected, strengthened protection for personal rights of detainees,promotes the concept of custody of related judicial departments from "catcher" to "detentionnecessary" changes, and echoing the criminal policy of temper justice with mercy in Chinareflects the progress of the rule of law,Necessity of detention review system set up, can notonly make the People’s Procuratorate effectively master the dynamics of detainees, besensitive to the victims or their families, as well as attitude to the case of the investigationorgan, imperceptibly will strengthen the supervisory authority promptly and effectively tomonitor the enforcement activities of the investigative and judicial organs, for criminalsuspects and the accused party provide an effective means of relief, providing system supportfor extended custody and errors custody.But because the system establishment in China for ashort time, so the detailed design of the system itself, as well as in judicial practice, must besome imperfections and not thoughtful place,Based on Necessity of Detention after ArrestCensorship in our2012Criminal Procedure Act, by analyzing the system’s establishingmeanings, general idea and the application in practice over time, to analysis of existing andpotential problems in the process in the specific analysis, through the comparison andreference of foreign regulations, put forward sound proposals, which have more operational inpractice.Based on the existing Criminal Procedure Law as background, from four sections tostudy the necessity of detention review system after the catch:Part one introduces the necessity of detention after catching the connotation ofcensorship, from custody after catching necessity based on the basic meaning and content, explained the importance of the set up of this system.The second part expounds the necessity of detention review system after China’s statusquo and obstacles to implementation, as a newly established system, catch the necessity ofdetention after review in judicial practice, there must be some imperfections in detail andobstacles in the implementation process, such as the incompleteness of the system itself,effects of traditional concept of Justice, alternative measures of detention is not perfect, andso on. Combined with data about detention conditions in China in recent years and this systemin practice and the application of bottleneck, through comprehensive analysis concluded thatthe key problem in order to achieve the good operation of the system.The third part, review the need for extraterritorial detention system of reference. Byanalyzing United States and the United Kingdom, represented by Anglo-American lawcountries and Germany, and Japan as the representative of the relevant provisions of the civillaw countries, draw conclusions appropriate to current circumstances, such as to the referee asthe Center, implementing independent rigorous review of the detention system, establishingjudicial remedy for multi-channel, multi-level approach, emphasis on the rights of the parties.Part four is focuses on the content of this article, namely custody after China put forwardthe need to refine the censorship and perfect conception, and the establishment of appropriatecomplementary measures to ensure the good operation of the system. Under the revisedcriminal procedure law background,Necessity of Detention after Arrest Censorship only haveprincipled requirements. How to establish and perfect the judicial practice of catchingnecessity of detention after review system is an urgent problem. although SupremeProcuratorate subsection considered through of the People’s Procuratorate Rules of CriminalProcedure (for trial implementation) in the specific of provides has the system of the startedmechanism, the review sector, the review standard, and the review way, and the review period,and review the processing of the results,build operating system specification.But some are tooabstract and vague, it is necessary to concrete construction and program refinement on thecondition that explore the depths of the premise of the system.Author from catching necessityof detention after review of launch procedures and review subjects and modalities, scope andcontent, the review period under review several aspects including the specific conception of perfecting the necessity of detention after catching system. Provide investigators with clearand detailed the operational basis to achieve the value system of the target.At the same time,we also need to establish appropriate measures,based on the three aspects ofgive the detaineesa corresponding right, setting up assessment and accountability mechanisms, improvingalternative measures of detention.Provide a strong push and support for the Necessity ofDetention after Arrest Censorship to ensure the necessity of detention reviews can be carriedout smoothly, and play the system’s effectiveness.