Analysis And Perfection Of The Censorship System Of The Necessity Of Custody After Catching

Article ninety-three have been added to the criminal procedure law of our country, It Establishes the censorship system of the necessity of custody after catching. Other legal systems make the explanation and elaboration related to regulationgs. This provision provides a legal basis for prosecutors to exercise legal supervision powers and fully embodies the "protection of human rights in the Constitution requires. It is of great significance for changing the phenomenon—once approved the arrest, will go unnoticed.To make this new system to obtain the very good implementation in the judicial practice,We must solve the problems and controversy. At present, about the censorship system of the necessity of custody after catching,the department to exercise the powers of reviewing, review procedures, the review conclusion and supporting measures have many problems.According to these problems, the author ties to put forward some perfect suggestions. Firstly,the article agrees with the law”s provision about the department to exercise the powers of reviewing. Secondly, it improves the procedure of the reviewing the need for detaining after arrestment. It includes improving start-up procedure, the scope and content of the reviewing perfect, the methods of the reviewing the need for detaining after arrestment, the desdline of the reviewing and so on. Thirdly, It tries to complete the relevant supporting measures. It includes establishing a scientific and reasonable quantitative evaluation mechanism, perfecting the custody alternative measures and establishing scientific evaluation mechanism.