On Perfection Of Review The Necessity Of Custody In China

The current criminal procedure law in China is clearly established in the custody of the necessity of the review system, mainly for the arrest of detention, is the exercise of the right of legal supervision by the procuratorial organs to achieve. The basic characteristics of this system is the supervision, relief and error correction. Through the review, let detainees have the opportunity to receive a fair trial, embodies the careful custody measures of the thought of rule of law, and taking into account the litigation cost is reduced and the efficiency of the proceedings.There are some problems and shortcomings in the legislation and the judicial level of the system of the necessity of detention in China. At the legislative level, there is a lack of clarity, the lack of legal norms, the lack of relief channels, and the lack of clear and complete relief of the standards. At the judicial level, there is a need to review the detention of the lack of power, after the change of mandatory measures to change the rate of low, according to the terms of the active review rate is low, in accordance with the application review of passive coping, review procedures are not unified, the review conclusion is inconsistent and so on. The cause of the problem is complex and diverse. Perfect law requires a gradual process, the heavy blow light protection and heavy entity light procedure of inertial thinking coexist, innocent presumption in criminal litigation mode is not fully respected, legal interpretation of deductively refining functional limitations, legislative purpose transfer to judicial practice exist some obstacles.To improve the system of the necessity of detention in our country, we need to consider in many aspects. In the establishment of principle, the principle of the proportion principle, the principle of the rule of exception, the principle of independence and the principle of continuous review of the detention should be insisted. To play well the three public security organs according to review the necessity of detention, enrich and perfect the custody necessary examination system. Should choose the reasonable mode of review, adhere to the uniform acceptance, the idea of separate review, safeguards the litigant relief rights gradually clear the rights and responsibilities of judicial review and based on progressively quantizes the detention review the necessity of content and procedure, to the custody of a refinement necessity to review the rules of evidence, to review the role type based, supplemented by supervisory review review principles established. A detention necessity of censorship in the concrete mechanism, established to review the dominant sector, improve the evaluation mechanism, strengthen the three organs of public security law enforcement and judicial cooperation, realize the sharing of information, without the necessity of detention review provides a strong guarantee.This paper points out the problems of the system of the necessity of detention in custody, analyzes the causes of the problems and puts forward suggestions for improvement. We hope to continue to move forward in the direction of scientific and legal practice through the theory of writing papers and promoting the practice of legislation and judicial practice.