Legislation Research On The Necessity Of A Review Of Detention After Detention Of China

Detention after arrested is refers to that before the people’s court making a judgment of criminal suspects and defendants,the criminal suspects and the defendants were custody after arrested, which is generally a kind of compulsory measures taken to criminal suspects and defendants. For a long time, our country is facing high rate of detention, which has a lot of relationship with the lack of necessity of the review system of the detention after arrested. In 2012, the new criminal procedure law has determined the necessity of the review system of the detention after the arrest. Since the above law provided abstract and general rules, in practice, necessity of the review system of the detention after the arrest encountered many problems. Therefore, it is of theoretical and practical significance to analyze the basic principle of the necessity of the post custody and explore the legislative measures to improve the system of the necessity of the detention after the arrest. First of all, it is conducive to put the implementation situation of tempering justice with mercy policy into efforts. Secondly, it is conducive to prevent the detention beyond the legally prescribed time limits and illegally detention, limiting the right of detention after arrested. Last but not least, it is beneficial to reduce the cost of criminal proceedings and save judicial resources.Based on the judicial context of our country, in reference to the practice experience of the western countries, and found out the situation and problems of the detention necessity system. The problem is mainly that the pretrial detention is not independent, and the view subject is not neutral and review way is not specific, and the content is not comprehensive and relief measures are in short. To solve above problems, I put forward some suggestions to improve the necessity of the review system of the detention after the arrest. First of all, determine the independent status of custody. Secondly, perfect the detention after arrested necessity examination way; Thirdly, clear the review content; Fourthly, perfect necessary custody after catching review welfare system; At last, improve the alternative measures of custody.