Operation Of Custody Necessity Censorship's Research Report

Custody necessity censorship system,first seen since January 1,2013 came into force,"People's Republic of China Criminal Procedure Law"(hereinafter referred to as "new Code of Criminal Procedure")Article 93,detailed in the "People's Procuratorate Rules of Criminal Procedure(trial)"(hereinafter referred to as " " Attorney rules ')Article 616 to 621.This system soon as available,it caused widespread concern in theoretical circles,practitioners,and other fields,all kinds of comments,suggestions,discuss,discuss a flourishing time.However,in practice the judiciary based on the Custody necessity censorship system on the review of the case,because of the system to censor the form itself is not clear,the contents of system is vague,uncertain time limit to censor,relief measures are not timely follow-up and other defects,as well as the interference of law enforcement concept process deviation in practice,coercive measures as an alternative to custody weaker,assessment objectives dislocation and other issues,leading to the Custody necessity censorship system did not reflect the system as set up by those who desired effect.Therefore,in order for the system to play a better role in the judicial practice level,this paper the concept of the system and the value of its existence as a starting point,through the analysis of the C City prosecutors' Custody necessity censorship casehandling and related data after "new Code of Criminal Procedure" running,combined with the current academic theoretical perspectives of this system,attempts to summarize the current interference characterization and causes of the system to the effect that occurs in order to find out ways and means in a practical level to solve the existing problems,thereby providing a valuable reference for improving academic level or the legislative level,the theory and practice of custody necessity censorship system useful exploration.This article is divided into four parts,a total of about 20.000 words.The first part is an overview of Custody necessity censorship system.As the starting point to the nature of the custody,combined with China's "arrest custody syncretic " tangible,explain what is the Custody necessity censorship system and the system of meaning and value.Custody necessity censorship system,which is defined in January 2016 the Supreme People's Procuratorate issued the "People's Procuratorate case of Custody necessity censorship ‘s provision(Trial)" a clear exposition.This censorship,which was placed under the People's Procuratorate by the Code of Criminal Procedure,as its essence from the system provides a way for relief detainees in reducing the rate of criminal detention,protection of human rights of the suspect,has very great significance.The second part is the Custody necessity censorship system operation empirical analysis.By present the C City prosecutors overall situation since Custody necessity censorship system established,coupled with the relevant data as well as organize and clarify the case,then summed up the current C City Procuratorate Custody necessity censorship system's issues such as the Simplification of start body,the source of case depends on the public security organs,the universal Start grounds oppose the individual one.The third part is explored the causes of the Custody necessity censorship system's issues.This section through analyze this system established by the new Code of Criminal Procedure,some typical cases In recent years,the Supreme People's Procuratorate issued the "People's Procuratorate case of Custody necessity censorship ‘s provision(Trial)" in chronological order,combined with the foregoing summary of the relevant issues,summed up the reasons listed current prosecution Custody necessity censorship system existing common problems that exist.The fourth part is the exploring and tentative idea to improve the Custody necessity censorship system.This section based on the third part summarized the root of the Custody necessity censorship system's issues,associated with the current reality of Chinese judicial system reform,and with reference to " People's Procuratorate case of Custody necessity censorship ‘s provision(Trial)" with respect,from the point of view of strengthen to the censor body's the Right to Know,build a scientific and reasonable evaluation mechanism,the rigidity of the judgment and decision and relief system of the judgment,puting forward the design to improve the Custody necessity censorship system.