Study On The System Of Examining The Necessity Of Custody In China

Through the introduction of the 93 item of Criminal Procedure Law in 2012,our country has established the system of examining the necessity of custody,which is of great significance in strengthening the supervision function of the procuratorial authority,protecting the human rights and reducing the improper custody.Subsequently,the Supreme People's Procuratorate issued Criminal Procedure Rules of the People's Procuratorate(for Trial Implementation)in 2013 and promulgated the Provisions of the People's Procuratorate on the supervision of the necessity for handling custody(for Trial Implementation)in 2016 to refine the relevant regulations.Although China's preliminary censorship makes the principle of "respecting and guaranteeing human rights" be implemented in the criminal procedure,but in China's judicial practice extended custody still exists,and what's worse,the investigations of crimes are replaced by custody.The analysis of the operation of custody necessity supervision after formal legislation shows there is still a gap between the ideal and the effect in practice.Many legislative loopholes are to be filled with the supporting mechanism.This paper is divided into five chapters.In the first chapter,I review the basic system of the necessity of custody in our country.In the second chapter,I refer to the advanced experience of foreign countries.The third chapter analyzes the general situation of custody necessity supervision in our country.In chapter four,I mainly introduce the implementation supervision of the necessity of custody in our country's Grassroots Procuratorates.In chapter five,I put forward suggestions in the basis of chapter four: First of all,improving the subject,measures,and content of the supervision and remedies.Secondly,establishing review mechanism,reasonable performance evaluation mechanism,and illegal accountability mechanism;consummating hearing system and alternative measures of custody;improving follow-up supervision review mechanism and network information sharing mechanism;promoting criminal reconciliation and other supporting mechanisms.Finally,procuratorate implements the innovative propaganda mode in practice,perfects external coordination mechanism,expands the source channel,and strengthens criminal execution and procuratorial team.