Detention Necessity Censorship Research

Custody is necessity to review 2012 Criminal procedural law the 93 th, the new system will monitor duty gives the procuratorial organs, for human rights protection of the criminal suspect or defendant has important significance. In 1996 of the criminal procedure law in our country, after the agency failed to capture after detention stipulates the necessity to review, causes in the judicial practice "structure, namely to capture detection, a bet" phenomenon, caused the high rate of custody of objective reality. In fact, in judicial practice, by detention or arrest measures of the criminal suspect or defendant was eventually sentenced to probation the following punishment decision rate accounts for two-thirds, suggesting that a lot of the criminal suspect or defendant it doesn’t actually need to be taken to limit the personal freedom of compulsory measures, and the necessity for the establishment of censorship can crack in the very great degree the light punishment for a long time the problem of high rate of custody. Therefore, further understanding of the value of detention necessity of censorship, perfect the rules and system, combine it with other criminal suit system, so as to better play to punishing crime and protecting human rights of criminal procedural law value, maintaining the social harmony and stability.From custody and need to review the concept and characteristics of the present law, this paper discusses the necessity reviews the theoretical basis of custody, discusses the facing high rate of custody in our country judicial practice case, custody need to review the theoretical significance and so on. Then, combined with China’s current judicial reality, analysis summary of the current law in our country the custody of the problems existing in the need for censorship, and through the analysis of the necessity in custody censorship outside of building, the bail system, regular review system and concrete measures, such as habeas corpus points out the necessity of custody outside review reference value to our country. Finally, on how to perfect the custody necessity of censorship in China put forward its own Suggestions, claims from the custody of procedural regulation of the necessity to review and improve the supporting measures for building. Among them, in the procedural regulation, from the start of the review, review subject, review period, examination mode to build; In perfect supporting measures, through the establishment of the right to custody people informed and reasoning system, improve the alternative measures of custody, illegal ACTS, the essay discusses the responsibility mechanism and so on, combining program design and supporting measures, to ensure that the detention necessity censorship can really play a role.