Research Of Necessity For Custody Censorship

Custody as the most severe criminal compulsory measures,is directly restricted,even deprive citizens' personal freedom of judicial system.If detained,mistakes in the implementation of detention and other procedural errors,will directly involve the constitutional rights of citizens' personal freedom,the law of the credibility of the protection of human rights,also will be subject to serious challenge.Therefore,from to protect the rights of citizens' personal freedom and so on,establish the law as the credibility of the country's intention,to prevent and contain errors in custody,standardize the restrict the rights of criminal custody,in order to ensure citizens' human rights and realize the procedural justice and litigation efficiency for the purpose,for the construction of the rule of law in the true sense has important significance.Throughout the world,and many more complete country under the rule of law,of necessity review will be held as a necessity of judicial review,by “neutral role” judicial judge in under the participation of the prosecuting and defending parties in the judicial proceedings,and on whether it is necessary to conduct a comprehensive review of custody,and ultimately make a fair decision.Legislators in our country in new revised criminal procedure law in 2012,awarded custody review the subject position of the people's procuratorate,the necessity that are held by the review of power,but the revision does not make a necessity about custody review detailed specific subject,detailed content,participants to review process and their litigation rights,examining ways,relief rights provisions and so on aspects,so a simple according to the law,does not play the comprehensive and perfect detention necessity entry due to restrict power of custody,the role of the human rights safeguard the criminal suspect of defendant.This paper discussed the need for detention and custody censorship of relevant concepts,through this paper,summary and analysis of the legislative system of two law systems in the world,especially focus on comparing several representative country under the rule of law in continental law system of detention necessity to review on the problem existing in the enforcement,and the necessity of custody in representative cities in our country within the scope of the actual implementation of censorship situation analysis research,through the method of structure analysis and the method of comparative study,to summarize the detained the difficulties and predicament of the existing necessity of censorship,at the end of article targeted measures for perfecting the custody system and some suggestion are put forward.