Research On Investigating Mechanism Of Detention Necessity

The necessity of detention review is an important system in the revised criminal procedure law established, its legislative purpose is to implement the principle of human rights protection in criminal procedure, supervision and custody measures strengthen the procuratorial organs of the pre-trial, prevent extended custody and unnecessary detention, to fully protect the suspect in custody, the legitimate interests of the defendant. This system established the relative independence principle of custody in China in a sense, is conducive to change China's criminal detention system, a fragmented state, have milepost for China's criminal pretrial system reform significance.One of the highlights of the criminal procedure law as amended, have the custody necessary examination system has a profound historical background and realistic basis, to make up for China's legislation for blank detention after arrest procuratorial supervision and remedy of rights exist for a long time, can effectively solve the resulting extended custody and decided not to charge a long, highlighting the phenomenon of catching after the custody of the high rate, high rate of reality of punishment. At the same time the custody necessary examination system also has the profound theory foundation in our country, embodies the protection of human rights, such as presumption, prosecution and supervision of judicial idea and judicial principle of innocence, promotes the integration of China's legal system and international litigation depth. On this basis, based on promoting social management innovation, maintaining social harmony and stability and other aspects of the full consideration, so as to construct a system with the characteristics of the detention.The new criminal procedure law and the people's Procuratorate criminal rules since the implementation of relevant theoretical research on the necessity of detention review system especially on the review subject emerge in an endless stream, the theory circles a lot of problems.2016 "people's Procuratorate provisions" review the necessity of detention cases issued, will review the necessity'of centralized unified custody to the prosecution of criminal execution procuratorial departments, concordance the operating duty of investigation and supervision, public prosecution and Prosecution of criminal prosecution. But because of this system in our country the right to review the configuration mode, twists and turns finally established, the implementation of criminal prosecution in the judicial practice of performing their duties, there are still many obstacles such as the operation of the system, examination and supervision of the lack of rigidity, instead of coercive measures, lack of right relief mechanism is not perfect, so, I embark from the basic meaning of the detention necessity review, describes the legislative reasons of China's detention necessity review system, combining with the current development status of China's custody necessary examination system in the judicial practice, in-depth analysis of the criminal execution procuratorial departments exist in the implementation of the system process, and from the conceptual level, the legislative level and system level, to give concrete ideas to review the necessity of detention system, we hope to help improve the custody necessary examination system.