Investigation Report On Pretrial Custody Necessity Censorship Of A Province B City C District

The establishment of pretrial custody necessity censorship is expected to help pretrial custody get rid of this controversial predicament,it was hailed as a breakthrough of the criminal criminal procedure legislation in our country.But pretrial custody necessity censorship still has many problems in theory and legislation, far from agreement.So that the impact is limited on the judicial practice,this brings many problems and confusion in the judicial practice.However,justice can’t refuse to enforce the law with the reason of imperfect legislation.It was destined for judicial authority to find solutions under the background of existing system as soon as possible,in order to ensure the implementation of the legislation.It’seems that procuratorial organs were tantamount to "dancing with the chain",prompting grass-roots procuratorate to actively explore how to further improve according to various situation under the existing legislative framework.The procuratorial organs at the grass-roots level in A Province combined with the actual situation in the existing legislation framework,and based on the improvement of the existing system as much as possible,and accumulated some precious experience of reference and reflection significance after a series of practice, exploration and innovation.Among them,the C district procuratorate has strong representative in A Province and southern region.As the saying goes” It’s obvious to see piebald of leopard,while with a pipe”.On the one hand, we can see the operation status ahout A province and even the whole country through C District.On the other hand,in the perspective of pretrial custody necessity censorship, observe the operation about a new system and even the Chinese criminal law environment.This paper has five main sections:The first part: it’s mainly foreword,the main content include background,purpose of replacement,the investigation object and method.The second part:The investigation about the exploration and attempt of custody necessity censorship related work from all parties in C District,in order to understood the applicable conditions in the perspective of “application-startup” and “authority-startup”.Mainly includes counsel, the detainees, the prosecution those three perspective in“application-startup”, and the decision type,the data,in the perspective of criminal execution procuratorial, supervision of investigation, prosecution those three departments situation.The third part: this part mainly contain in-depth analysis and reflection about the effectiveness of the pretrial custody necessity censorship.The fourth part: according to the problems, putting forward some ideas of perfecting and improvement,which means that definite concepts, perfect the legislation,refining process,improve the custody alternative measures, increase investment in judicial resources,improve performance evaluation mechanism, and encourage pilot.The last part: it’s a simple conclusion,make a summary to the empirical research and put forward some prospective thinking on overall trend.