Detention Necessity Censorship Research

The system of censorship of the necessity of detention is an important system established by the amended Code of Criminal Procedure,which restricts and restrains unwarranted or improper custody,or prevents the custody of the prisoners to protect the suspects' or the defendants' legitimate basic personal rights.It is the requirements of modern judicial ideas,but because of the laws and regulations and judicial interpretation of the necessary review of the review are more principle,so it is not easy to operate.There are some problems that the main body of review is not clear,the procedure of achieving the program is not good enough etc.,affecting the review of the necessary work in custody in depth.In 2016,the "People's Procuratorate to detain the need for the review of the provisions of the case(Trial)was issued(Hereinafter referred to as the " provisions on the necessity of detention ")and the guidance of Supreme People's Procuratorate on the implementation of the " People's Procuratorate to detain the need for the review of the provisions of the case(Trial)" "(hereinafter referred to as the guidance),to refine the need for the review of the working mechanism of detention,in order to achieve the examination of the necessary cases of custody of the work of institutionalization and standardization provides an important basis,but the operation of the process of review the need for detention work.The mechanism does not have a smooth functioning,especially in the review of the setting and operation of standards,so that the review system for the necessity of detention is able to achieve its positive role and the legislature is constantly trying and exploring at the level of institutional norms to build a system of conformity with the necessity of China's criminal procedure system.This article were analyzed from three aspects of theory,standard,practice,mainly elaborates on the concept of each branch in the system of necessity of detention and the analysis of other basic categories and from the definition,mainly lists "Criminal Procedure Law" of 2012 and the provisions of the various legal documents,for the current review of the necessity of the system of detention in the content of the evolution of the analysis,and from the "Criminal Procedure Law" and " The necessity of detention " and the guidance to analyze the norms of improvement and innovation,but also analyze the current audit system design unscientific place.In same time,combined with the G provinces of the procuratorial organs to apply the "detention necessity of the provisions of the provisions" and the provisions of the guidance issued by the status quo,pointing out that the need for detention review system in practice encountered in the various departments of the poor work mechanism coordination,the way of review and methods of operational is not strong and other issues,and the analysis of the root causes of these problems.Based on the author's ideas,put forward the necessity of how to perfect the custody censorship to provide standard level and practice level,the guidance of custody of the need for censorship is arrested for control system in our country,a new measures of the system shall be conducted from various aspects of scientific construction,but the author mainly from perfect custody need to review how to use quantitative assessment methods should be specific criteria for judging process.