On The Need To Improve Detention Censorship

In recent years,China's crime rate by significant upward trend,along with the detention rate soared.Due to an increase in criminal cases and criminal case is more complex,resulting in the phenomenon of extended detention in many parts of the country can not be effectively curbed,without charge phenomenon must continue to occur,a serious impediment to judicial openness,fairness and justice,but also a violation of criminal the suspect,the legal rights of the defendant.In order to effectively guide the People's Procuratorate detention review cases of necessity,to curb judicial custody status quo has long been a high rate,and gradually change the Perfection of human rights violations of suspects and defendants in custody imperative necessity of censorship.In this paper,the relevant legal provisions in custody for the study based on the need to review in order to examine the necessity of the detention of human rights protection system of thought,the power restriction principle,the principle of presumption of innocence,the principle of combining punishment with leniency based on the theory by studying the newly revised "Code of Criminal Procedure" supreme people's Procuratorate and the "people's Procuratorate rules of criminal Procedure(trial)" in custody for specific details on the necessity of censorship legislation design flaws and shortcomings,combined with the new award "people's Procuratorate detention review cases of necessity(trial)" and difficulties encountered in handling guidance on the implementation of the "people's Procuratorate detention review cases of necessity(trial)" guidance two regulations,the need for censorship from custody theoretical system analysis based on the people to their work Procuratorate experience in handling cases of detention necessity to review,analyze and explore the necessity of detention-related causes defects censorship,which made the need to improve detention censorship proposal.