Discussion Of The System Of Reviewing The Necessity Of Detaining After Arrestment In China

In 2012,"Criminal Procedure Law" Article 93 established The system of reviewing the necessity of detaining after arrestment.The system for in a certain extent has an important practical significance in reducing improper custody,protecting the human rights,saving judicial resources and strengthening supervision of procuratorial organ.The system of reviewing the necessity of detaining after arrestment in our country has already had a prototype,and makes the "respect and safeguard human rights" in the criminal proceedings in our country.In practice,the effectiveness of the pilot project on reviewing the necessity of detaining after arrestment confirms the theoretical presupposition to a certain extent.However,the initial construction of the system also highlights a number of legislative and judicial defects yet to be resolved.Therefore,it is necessary to do after more in-depth and useful research in theory on the basic issues of the system,such as the value function,legal characteristics and so on.At the same time,according to the existing legislation and practice issues of the system of reviewing the necessity of detaining after arrestment in our country,through the systematic study on the custody of the main elements of the necessity of censorship,provide some reference in order to perfect the system.This article is divided into four parts.The first part is the basic theory of reviewing the necessity of detaining after arrestment.First defines the concept of reviewing the necessity of detaining after arrestment,in order to further clarify the custody of the connotation of the necessity of censorship,the author will the examination and approval of the arrest,to change the mandatory measures such as concept slightly comparison,and sums up the it has the characteristics of the law.Secondly,in the analysis of the theoretical basis of the system at the same time,from the legal function and social function of the two dimensions of its function analysis.Finally,for the following discussion this part is to discuss the main problem of the system from the legal system level and implementation level.The second part focuses on capturing custody after necessity to review the system of program participants,including custody of suspects,defendants,prosecutors,the authorities handling and defender,make a concrete analysis of the participants in our country after the arrest custody status and role of the necessity to review the practice.According to the selection of the subject of the dispute,through the comparative analysis of the current practice of the review of the advantages and lack of review,to find the appropriate review of the main body,and related improvements in the direction of recommendations.The third part of the detention review the necessity of to be investigated are analyzed according to the existing in the setting of the examination of the contents of the controversy,based on how to regulate content review are discussed,for our country's detention review the necessity of operational procedures to provide reference.The fourth chapter focuses on the program operation of the system of reviewing the necessity of detaining after arrestment.This part combines the start,hearing,cutting and executing and remedy of the operation status of the four aspects as well as the operation of the process presented insufficient proposed suggestion to improve the makes of detention review the necessity of whole program operation is more practical operability and rationality.