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Research Review On The Necessity Of Detention After Arrest In China

Posted on:2017-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:D D YangFull Text:PDF
GTID:2296330485463774Subject:Law
Abstract/Summary:PDF Full Text Request
Custody is the most severe coercive measures in criminal proceedings, which directly restrict the personal freedom of suspects and defendants. In our country, criminal law in 1996 did not focus on the detention of criminal suspects or defendants in the necessity to review mechanism, and it also appeared a series of problems in the litigation practice. The 93th rules in the new "criminal procedural law", the special custody after catching the necessity of censorship:"when defendant or suspects who is commit criminal were caught, the necessary of procuratorates should be detained for examination. For don’t need to continue to detain, they should pay to release or reverse the suggesting compulsory measures. The inspection office should deal with such case in 10 days, and tell such determination to the people’s procuratorate" .In practice, however, The necessity of the procuratorial organs to carry out detention after custody is faced with a low rate of review, the review of the main body is not clear, the internal coordination of the litigation mechanism is not smooth, the scope of the review and the standard of non custody measures are not perfect and so on.Based on the practice of grassroots procuratorial work, through the analysis of the existing judicial system to carry out the need to review the status quo, the above problems are found to have the following aspects:the main body is not clear, power division is not clear; the scope of the review and the lack of specific provisions of the starting procedure, the lack of clear guidelines in the specific review process, the lack of necessary relief means to detain people, etc.. For the above reasons, the author finds out the review experience of the advanced countries in the world and the domestic and foreign scholars’ views and theories, combined with the actual situation of domestic judicial practice, explore the legal principle of criminal procedure, and establish the mechanism of the necessity of the post-detention detention after the arrest.In a review of the principal, the procuratorial organs of internal investigation and supervision department, the Department of public prosecutions, supervision by the departments of examination authority and Department of science cohesion made plans, and of a people’s court for the implementation of the right to review the feasibility is demonstrated. For full protection of the rights and interests of the criminal suspect, the purpose of the legal system, the need to review the system of detention after the review of the system of review of the scope of the case Ying Congkuan, for the case may be sentenced to ten years in prison, according to the actual situation of the case to determine whether the audit. Content, time and focus of the review are important guidelines for the implementation of the review should be standardized, in this paper also accounted for a lot of space. The starting of the right of review is divided into two kinds of ways, which are based on the authority of the authority, the parties and their agents, and the essential elements of each of the starting mode, the starting procedures are clear. Finally, the author suggests that the need to increase the detention of detention after the mechanism of legal principles to be strengthened to improve the existing judicial system, mechanism, enhance the ability to obtain evidence, improve the non detention measures and other ways to achieve the right to review the implementation of relief.
Keywords/Search Tags:Criminal action, detention after arrest, Subject to review, Review on the necessity, Review system
PDF Full Text Request
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