Review On The Necessity Of Detention

Article 93 of the new Criminal Procedure Law stipulates that the people's procuratorates should still review the necessity of detention after the suspects and defendants are arrested, and should recommend the release or change of coercive measures for those who do not need to continue to be detained. The system was established to further reduce the rate of detention. However, because the system only locates the right to supervise legal litigation,the lack of rigidity of the "suggestion"right determines that the system has various problems in practice. The system of the necessity of censorship is currently in the early stages of development, and its operation has not yet effectively reduced the detention rate. The operation of the system is still far from the above requirements. As an important function of procuratorial organ, criminal law also needs to be explored and improved.Based on the basic theory of the necessity of detention and the implementation of the N-City Necessity Review System, it is found that the system has many problems to be solved in practical operation, such as the initiative, The problem of the limitation of the scope of the examination,the necessity of the examination of the detention is difficult to start in time,the relief function of the parties has not been fully exerted. In view of the above problems, this paper puts forward the starting mechanism and the proof mechanism through perfecting the necessity of detention examination,And that it is difficult to fundamentally change the current predicament and that the problem of the operation of the custodial review will depend on the improvement of the pending custodial problem and that further proposals to perfect the alternative measures of detention.