Duty Crime Investigation Phase Detention Necessity Of Censorship

The criminal procedure law confirmed the censorship detention necessity in the form of law in2012. This censorship plays a very important role in the core value system of crime prosecution and human rights protection. However, after two-year implement, it constantly showed a series problem in practice, especially in duty crimes. The phenomenon like low applicable rate exposed the problems existing in system design. This paper, on the basis of the particularity of duty crimes, analyzes the problems in processing the censorship and puts forward some advice to improve. It consists of four parts as following:First, it analyzes the characteristics, functions and powers to distinguish duty crimes with other crimes. What’s more, it clarifies the characteristics of duty crimes to sum up the features of the investigation. It tries to cause a high rate of custody, detention and other issues to introduce the concept of detention necessity.Second, it argues the significance of the censorship in two aspects of reality and legal principle.Third.it simply introduce the existing problem in censorship of detention necessity during duty crime investigation. To consider the particularity of duty crime investigation together with the applicable situation in judicature practice, it analyzes the existing problem through six aspects of censorship subjects and their rights, the start of program, the scope of censorship.the supervision of censorship,the control of risk and the relief system.The last part proposes some suggestions to improve censorship for the necessity of detention in duty crime investigation phase. On the basis of questions, establishing and improving the review standard and other four aspects are also proposed to define the subject status of the judicial power, combining with the judicial practice and the nature of the detention necessity of duty crime.