Study On The System Of Detention Necessity Review

In 2012,the revised criminal procedure established the post-arrest necessity review system.As a system of criminal procedure law initiative,which is not groundless,has urgent realistic need and profound historical background,is conducive to fill our country arrest in custody for the procuratorial supervision and right remedy long-standing legislation blank,is conducive to reduce the high rate of custody in our country,unreasonable custody of chaos.The idea of respect and safeguard human rights,the principle of presumption of innocence,litigation supervision and judicial is becoming more and more thorough popular feeling,this is also our country detention necessity to set up the theoretical basis of censorship,lawsuit system in our country and international litigation system.Therefore,the necessity censorship system with Chinese characteristics comes into being.This paper mainly studies the necessity of detention in three parts,as follows:The first part is a brief overview of the necessity review system of detention.I need to review the basic connotation of custody by definition,the brief analysis of the system of the real need of the legislative background and the profound theoretical basis,to detain the value and function of the need for censorship is analyzed.The second part mainly analyzes in detail the content of the custody necessity of censorship in China in the judicial practice,the running status and the system in legislation,many problems occurring in the process of actual operation.Based on the basis of the current legislation of the system whose rules,based on the necessity of custody in the judicial practice in examining a case to analyze the characteristics of the system,such as the necessity which case type suitable for custody censorship,how to start the system,procuratorial organs criminal execution ways of procuratorial department review and audit standards.In addition,the author in this part is in custody in our country the necessity of the problems in the operation of censorship in detail,such as the case-handling organ is not actively started,review suggested that effectiveness is not mandatory,review standard is subjective,no effective remedy measures and imperfect not in custody alternative measures made a comprehensive detail content.The third part puts forward some ideas and Suggestions to improve the system.The author aiming at the problems on the part of the system,from the peopleoriented,set up the correct concept of custody,perfecting the national legislative level and establish related supporting mechanism,the necessity of custody review mechanism to build and perfect the concrete design,at the detention necessity censorship can realize the legislative intention in judicial practice,play a more important value and function.