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Custody Necessary Censorship In Empirical Research

Posted on:2016-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:G GuiFull Text:PDF
GTID:2336330482458153Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
The domain of criminal action in our country, there is the problem of high rate of custody for a long time, are more focused on theory and practice. "A capture exactly, a bet" phenomenon is relatively common, led to the occurrence of illegal detention, to a certain extent caused the violation of human rights. To this end, the new "criminal procedural law" established the necessity in custody censorship, the system adds a new legal supervision to the procuratorial organ. On the one hand, the supervision of inspection authority is more comprehensive, especially to strengthen the supervision of detainees; On the other hand, reflects the national respect and guarantee of citizens' personal rights, to be performed after the arrest of a criminal suspect or defendant, the people's procuratorate to perform supervision, if there is a need for custody for the supervision and examination, to in accordance with the law to protect personal rights of criminal suspects, defendants, decrease the rate of custody, reduce the number of custody, to prevent improper detention, detention, the phenomena of highlights in the field of criminal litigation in our country respect and guarantee of human rights, and to our country the current detention system of a major reform. This article through to the H Y Y province city district people's procuratorate held over the past two years need to review the implementation of the research analysis, put forward Suggestions and measures to perfect the custody the need for censorship.This paper will be divided into three parts, the full text of about sixteen thousand words.the first part,the need for censorship of the background and significance. The domain of criminal action in our country, there is the problem of high rate of custody for a long time, are more focus on the theory and practice. "A capture exactly, a bet" phenomenon is relatively common, leading to the occurrence of illegal detention, to a certain extent caused the violation of human rights. To this end, the new "criminalprocedural law" established the necessity in custody censorship, the system adds a new legal supervision to the procuratorial organ. On the one hand, the supervision of inspection authority is more comprehensive, especially to strengthen the supervision over custody activities; On the other hand, reflects the national respect and guarantee of citizens' personal rights, to be performed after the arrest of a criminal suspect or defendant, the people's procuratorate to perform supervision, supervise the necessity of its custody review, the purpose is to protect human rights of criminal suspects or defendants in accordance with the law, reduce the detention rate, reduce the number of custody, prevent illegal custody phenomenon, highlights the respect for human rights in the field of criminal litigation in our country and the safeguard, also to our country the current detention system of a major reform.The second part, the author of Y H Y city district people's procuratorate custody need to review the implementation of the research analysis in two years. Y Y province city located in central yunnan province, the economy is relatively developed, in the entire province front row, H Y Y province city district people's procuratorate is the center of the city's jurisdiction of a people's procuratorate at the grass-roots level, to the city's total amount nearly a third of the criminal case review of arrest and prosecution of the work. New penal procedure law, the people's procuratorate in accordance with the provisions of the law seriously carry out the work. Its necessity in custody review is: the first is that the detention necessity in examining a case for less,there are still high rate of custody, improper custody, detention situation still exists;The second is the custody conducted investigation supervision department and the department of public prosecution cases need less, and prisons procuratorial(criminal execution procuratorial) sector accounts for a bigger proportion of cases of prison procuratorial(criminal execution procuratorial) becomes the custody need to review the main departments; The third is the necessity in examining a case for custody type more concentrated, mainly for minor criminal cases; Fourth is necessity in examining a case, custody, start is more, according to the power in accordance with the application start small. The cause of the above situation happened has the following several aspects: the first is the traditional concept of law enforcement in detentionnecessity review function is insufficient, detention necessity review did not achieve the desired effect; The second is the department handling the case of detained reason for understanding and awareness of the inconsistent; The third is the necessity for custody censorship law enforcement investigators know does not reach the designated position; Necessity is the fourth phase of custody review mode is not conducive to the effective operation; Fifth, the criminal suspect or defendant necessity and legal representative, defender of custody system don't understand.The third part, in the implementation of the necessity of custody review existing problems, and put forward the proposal to perfect the Suggestions and measures for the necessity of custody. First is to set up the correct concept of criminal litigation,respect and safeguard human rights. Second, strengthen the communication and coordination between the case-handling department; The third is to determine the relative neutral detention necessity examination department; The fourth is to establish necessity in examining a case distributary detention and evaluation mechanism; Fifth,broadening the detention necessity in examining a case of diabetes mellitus; Finally is to further expand the scope of custody necessity to review.
Keywords/Search Tags:detention necessity, Human rights protection, Principle of presumption of innocence, Perfect measures
PDF Full Text Request
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