Research On The Necessity Of Detention After Arrest Review System

"Custody", as the name implies, is deprived of personal freedom of suspects and defendants, to be held in a certain. Arrest is one of the most severe compulsory measures, arrest of meaning and purpose is through custody means to ensure the smooth progress of criminal proceedings. In our country, after the arrest of a criminal suspect or defendant in custody for a long time until the court before the trial is a normal phenomenon. For a long time, our country is heavy entity, light procedure, to hold the idea of punishing crime. In the judicial practice, the structure trap, to capture the generation for crimes of excessively high rate of custody phenomenon is widespread. Because there is no specific provision in the law of criminal suspects and defendants are unreasonable detain relief measures, lead to many unreasonable custody of criminal suspects or defendants appeal slam shut, then cause the social problems, such as petition, bound to visit exacerbated the instability of society.But with the advancement of China's rule of law construction in China and with the international judicial idea gradually, protect human rights principles are included in the constitution in our country, for an arrest to pre-trial custody of criminal suspects and defendants need review is increasingly showing its importance. In view of this situation, on the basis of summarizing the practical experience and theoretical discussion, the criminal procedure law in 2012 will be held after catching the necessity censorship rules into the provisions of the people's procuratorate at the criminal suspect or defendant was arrested, according to its nature of the crime, the circumstances of the crime and social harm degree, and its performance in detention places of penitence, comprehensive consideration for the custody litigation if there is a risk factors such as society, the final decision whether changes to the criminal suspect or defendant system of compulsory measures. Establishment of the system represents the criminal suspects and defendants in the judicial field respect and guarantee human rights, is a major progress in the process of the reform of criminal procedure law of our country and help to improve the criminal judicial civilization degree, can be better in line with international standards. But at the same time we should also see, as a new system in our country, after his detention necessity censorship still exist many problems in practical operation, the running effect is not satisfactory. In custody after catching the need for censorship of deconstruction analysis, find out the problems existing in the operation of judicial practice and put forward solutions, make necessary custody after catching censorship in the judicial practice to better play its role to guarantee the legitimate rights and the criminal suspect or defendant is the meaning of this article.This article is divided into four parts, each part of the main content is as follows:The first part, is mainly an overview of the necessity of custody after catching censorship, simply expounds the connotation of necessary custody after catching censorship and arrested need to review the differences and relations, mainly discusses the necessity after catching custody censorship formation and existence of theoretical basis.The second part, this paper mainly introduces the necessity of censorship of custody after catching, including legislation present situation and operation status. Through the 2012 criminal procedure law legislation comparison before and after modification highlight line in the progress of the legislation, and from the start of the custody after catching the necessity review procedures, review of main body, content, method, effect and so on various aspects get custody after catching the necessity of the operation situation of censorship and necessity with foreign custody censorship of certain aspects of the situation as a reference.The third part, through investigation supervision, prosecution of procuratorial departments such as the judicial practice in fact to expose after his detention necessity of censorship in the real problems existing in the operation, and to solve these problems, to explore the causes of problems, mainly because of lack of awareness of the need for censorship of custody after catching, related working conditions remains to be further formulated, imperfect supporting measures.The fourth part,necessity for custody after catching censorship in real operation problems and the reasons, put forward to promote after his detention necessity censorship good advice, the relevant departments to update the judicial idea, improve the system of custody after catching the necessity review related work mechanism, perfect the corresponding mechanism, etc., including the absorption of foreign beneficial experience and reference.