In The Perspective Of Detention Procuratorial Practice Necessity Review System

Detention necessity review system is to carry out the idea of human rights protection is an important in the carrier, is also an important way to promote the correct application of custody, for ease and has important significance to resolve social contradictions. Its theoretical foundation is the principle of presumption of innocence, before the entry into force of the verdict of guilty in court, the criminal suspect, defendant is presumed innocent, it should enjoy the freedom of the person, the fundamental rights of citizens, but for public interests, in the strict legal restrictions conditions allow to suspect, the defendant’s personal free of a certain degree of restriction and deprivation, but there must be a reasonable limit. Therefore, the new criminal procedure law endows the procuratorial organs to examine the necessity of the powers of detention, but overall, the provisions of the system is more general, the lack of specific implementation rules to guide, how to carry out the work necessary to review the detention in the judicial practice, the supporting mechanism is not perfect. Therefore, there are many problems in the running process of the system. This paper tries to carry out the actual situation of the specific work of grass-roots procuratorates starting from, on the problems encountered, and the corresponding practice summarized, on the construction and improvement of the system put forward ideas.This paper consists of four chapters, about 20000 words.The first chapter custody in China the necessity to review the implementation of the system status. Starting from the grass-roots procuratorates for custodial coercive measures, lists the relevant data of the writer’s grass-roots procuratorates, from legislation layer facing the establishment and legal attribute of custody of the need for censorship is expounded.The second part introduces the necessity, USA custody censorship in Germany and China’s Taiwan region system, involving the main practices in these countries.The third chapter problems. Review of arrest, the catch points stage stage to carry on the elaboration separately.The fourth chapter consummates the suggestion. Also review of arrest stage and after catching two stages to carry on the elaboration separately. The arrest of detail in the review stage, the author of grass-roots procuratorates are extended custody necessary public review conference system. In the stage of the catch, from the eight aspects of the specific procedures, non custody rights of compulsory measures, remedy, regulatory measures, such as sanctions.