Research Of Detain Necessity Censorship In Our Country

The system of detain necessity censorship is a new system of Criminal Procedure Law changed in 2012,which has been worked for five years,but the effect is not satisfactory.This paper is to point out the problems during the operation of the system,and to make some suggestions for solving them with jurisdiction practices experience.This paper discusses the connotation,the meaning,the present situation,institutional structure,the problems and suggestions of the system of detain necessity censorship.The introduction of the connotation seems unimportant,but in the judicial practice,the community is not fully aware of the system,even the prosecution.So the discussion will contribute to promote this system.Then,the author analyzes the necessity and significance of the system implementation from the respect for human rights,the prevention of unnecessary detention and the improvement of the state of detention.This is one of the main reasons for the study of the system.The author discusses the structure of the system of detain necessity censorship in order to deepen its operability.Finally,the author consider the subject of the review is not appropriate,the quantitative evaluation mechanism lacks maneuverability,examination opinions are difficult to implement,the risk of changing coercive measures,review the existence of power transactions,"spend money to buy free" suspects,The implementation effect is not ideal.Combined with the author's local experience and practice,put forward the rationalization proposal.The system of detain necessity censorship is still in its infancy.A master's thesis is far from solving the existing problems.The author only studies superficially and put forward the rationalization proposal about the system,to provide a valuable reference in the judicial practice and to promote the development of the system.