Study On The Necessity Of Duty Criminal Detention

The censorship detention necessity review can reduce the rate of custody,save the judicial resources.It has important significance in the fight against crime and protecte human rights.However,there are some problems and puzzles in practice,with a higher rate of detention duty crime in procuratorial organs responsible for the investigation,detention necessity review in such cases are less used.Through of the five parts,this paper discuss the duty crime custody necessary examination system,combining with the impact of the recent reform of the supervision system on the crimes committed,and then establish the related system to improve the censorship.By analyzing the fact of the review of the necessity of duty crime detention.The duty crimes in procuratorial organ in the city of Ningbo for recent 5 years,we can analyz the number of investigators,crime,arrest,judgment and other aspects of the situation to find the characteristics of these cases,and then find these crimes detention and censorship on necessity of detention after arrest and implementation.Analyzing of the reality of the plight about the duty crime detention review.The problems and obstacles in the judicial practice,we find the reason that not only the idea,in the legal practice concerns.When the stability of evidence changes after the custody crimes are committed,the regulatory measures can not be in place.And the examination system of procuratorial organs has a great impact on the duty crime detention review.With the independence of the court case,the supervision of prosecution to the court will become very difficult at the trial stage.The reasons for the difficulty of detention necessity review of duty crime.First of all,it is different in the concept,causing dislocation of function.On the other hand,it is the concept of law enforcement that heavy entities and lights procedure,which leads to the imbalance between punishing crimes and protecting human rights.Secondly,reasons of the legislative.The new criminal procedure law made general provisions to the detention necessity review.It is relatively little to discuss about the detention necessity review in trial detention stage,resulting in the weakening of the necessity of detention in the trial stage.This part proposes some suggestions that is in order to improve censorship for the necessity of detention in duty crime investigation phase.From the concept and the system aspects to consider,respectively,analyzing of the review of the necessity of detention in the prosecution and the trial stage.First of all,we should establish the judicial idea of the entity and the procedure,and change the traditional pattern of duty crime investigation.Second,we should improve the details of the system,strengthen the coordination between the censorship subjects,the time and duration of the review,the scope and standards of censorship.We can establish a special dynamic monitoring and tracking platform for detention,use variety of ways to review and gradually improve the relief measures after the lifting of detention.Finally,we should strengthen the supervision about duty crime in the trial stage.The last,the reform of national supervision system affect the duty crime case,probably change the custody necessary examination system,especially,on review of the main aspects,and expect that the future of the duty crime detention necessity review will be perfect.