A Research On The Examination Of The Necessity For Post-arresting Detention From The Perspective Of Police

Article 93 from the code of criminal procedure establishes essential inspection system to people's procuratorate for censoring criminal suspects and defendants who are arrested,which aims to prevent extended detention and unnecessary detention.As the new system which is short of enough time on practicing,it has many problems,such as long-term ideological ignorance on pretrial custody,narrow news channels of reviewing main cases,limited ways for initiation,partial-administration methods for reviewing,insufficient science on standard,excessively loose regulations on duty and responsibility,weak timeliness,absent ways of right relief,unstable process of procedures,deficient special protection on juveniles,unsound judicial relief to victims,unenforced examination suggestions and so on,which restrict effectiveness of system.In order to overcome these defects,necessarily pointed measures are shown as follows: establishing modern mechanism in order to separate arrest from detention moderately;establishing examining subject mode,namely “one principal,three auxiliaries and two companions mode”,which means taking case management center as principal,taking prison,reconnaissance and public prosecution as auxiliary and taking investigation departments and courts as companion;continuing to start censorship based on application,to enrich the initiation of censoring based on suggestions and to carry continual but segmented censorship based on function and power forward in all directions;introducing hearing-typed censorship which is similar to adversarial system;establishing segmented content range of censoring as well as evaluation criteria;enlarging reexamination procedure to those clients who have objections;establishing censorship which is based on recommended release and coercive measures with the exception of remaining custody for juveniles;stimulating judicial aid to playing an active role on comforting victims and repairing hostile relations in the process of censoring;setting up niche targeting supervisory measures,expandable range of breach of arrest,guarantee system with deposit and suspension of detention system with subsidiary conditions;combining changeable mandatory measures after arrest withessential censorship for detention,which could strengthen implementation capacity to the after-censoring suggestions,etc..