Detain Necessity Censorship Of China

In the real executive of our Judicial practices,“detain to the end” “overtime custody” have been a very big problem for the judicial practice departments as well as a social problem that have come to the foreground in recent years.To well solve these problems,the new code of criminal procedure makes up this disadvantage through the use of reference to the review of the need of custody in the west countries and maintains the interests of the custodies.Supreme People's Procurator then came up with related judicial interpretations to further discipline and explicit the mechanism of this law.But problems still come up with the practice of this law,so in this essay,we will further define and explain the need of custody in B district of C city.and will come up with appropriatesolutions.In all there are four parts in this essay,the first part will explicit some basic theories and give out the definition of custody as well as the analysis of this discipline.This one follows the principle of a legally prescribed punishment for a specified crime,Principles of human rights protection,Power restriction principle,Principle of procedural efficiency and the Proportionality principle.The second part introduces the situation in the real practice of the need of custody in B district C city.And with the data from 2004 and 2005,this essay does an explicit analysis on the related issues,through which enumerate the existing problems in the real executives.The third part compares the need of custody in China with other Continental law system and that in Common law systems.The investigations of west countries are mainly before custody,whichcontradicts that in China.But the execution is still of great value to that of China.The fourth part of this article focuses on the perfect path of detention necessity examination.In view of the existing problems of the necessity examination system of detention in our country,this article holds that the main improvement path can be summed up in five aspects: The different functions of procuratorial systems is not subject to review,but should actively cooperate with the procuratorial departments of criminal execution examination;to inform the detainee's right to apply to protect the detainee's right to know,to further standardize the examination system according to application;should protect the detainee's right to participate in the hearing,to expand the scope of the review,to improve the application the proportion of the hearing review;to be further defined in reviewing the content and scope,in order to guide the practice better,avoid scale differences occur in the practice of "some punishment";to further clarify the scope of the review and the review period,the judicial system to carry out the work to have a more clear basis.