Study On The Legal Perfection Of Review Of The Detention Necessity After Arrest In China

A great modification was made in the new criminal procedure law in 2012, by state the following Art.93: "After arresting a criminal suspect or defendant, a people’s procuratorate shall continue to examine the necessity of custody. If custody is no longer necessary, it shall suggest a release of the arrestee or modification of the compulsory measure for the arrestee. The relevant authority shall notify the people’s procuratorate of the handling result within 10 days." Art.93 is new added content in 2012,which created the system called reviewing the need for detaining after arrest in criminal procedure system of China, reflecting China’s emphasis on the field of criminal suspects, the accused human rights protection aspect.However, the Art.93 of the new "criminal procedural law" are just a description of and principle of the Review, provides only the authority--DA office, and the date of the system but nothing more.The “prosecution rule” of DOJ,made some fulfill into the blank of the whole system,like the method of review or the subject of the power, but some of the blank are still waiting for answers.The system of review of the detention necessity after arrest are aiming at eliminate the phenomenons like abuse of custody appeared in the judicial practice, which also backing up the principle of "the protection of human rights".The author hopes that by the reasonable improvement, the system would be more than a second-time supervision, but also be the start of he separation of arrest and detention. The system of reviewing the need for detaining can be the solution to the detain problem of China nowadays.