Empirical Study Of Custody Fact

In order to further improve the necessity of detention review mechanism,the corresponding regulations and judicial interpretations are rolled out,but since the new Code of Criminal Procedure did not modify significantly reduce the rate of arrest still exist "structure of sin upon arrest" judicial phenomenon.The reason is the absence of an independent judicial practice clearly establishes the fact of detention standards,a lot of time investigating authorities tend to facts of the crime,grounds for detention and custody facts confused.Although the reason for the detention is now the necessity is clear,but the fact of detention which can be used to prove the grounds for detention,which can be used to negate the fact that the detention grounds for detention establishment is uncertain,there is defined on fuzzy.The fact is proof of the fact that detention in custody grounds the possibility of establishing a basis for the prosecution in identification of criminal suspects in custody when there is reason to apply must have the necessary facts to support it.For example,if you suspect the presence of several crime,continuous crime or the proceeds of crime as the main source of such facts,the prosecution can use these facts prove possible to implement a new crime.In this regard the statute constantly introduced,from the latest January 13,2016 Supreme Procuratorate through "people's Procuratorate detention review cases of necessity"(draft)and the Supreme Procuratorate promulgated in November 2015,"on arrest provision of social risk condition number of issues "(trial)can be seen for the prosecution to prove grounds for detention of more and more attention,but also reflects the importance of the fact that the detention review process of arrest.In judicial practice,the prosecution arrest to review submissions and public security authorities arrest reason specification requires the grounds for the arrest of the suspects to demonstrate.In this empirical survey found that the facts proved in practice for the custody of the exhibit certain characteristics: diversity,focusing characteristics,the fact that a lot of practice in custody and there is no legal basis and the public security organs and procuratorial organs in custody facts found on different.In addition,also found that there are some problems: the public security organs and procuratorial organs for the detained person to prove whether the danger to society when there is no uniform standard,when necessary to arrest the suspects and no arrests and no need to describe to analyze in detail the use of the fact that more is for matted to be applied to the relevant provisions of the general description,it cannot reflect the characteristics of the case and the suspects really socially dangerous.In addition,the public security organ for custody of the facts related to the collection of evidence is not positive evidence of the fact that the prosecution argument custody archival materials are already in the conviction and sentencing of evidence,leading to unreasonable detention and the fact that these facts not proven by evidence.To solve the problem,we need to continue to improve the detention fact through a series of measures,and to ensure the correct application of the prosecution to prove the fact that ground for detention in custody,thereby preventing the occurrence of various types of improper detention,and ultimately ensure accurate implementation Detention System.