Study On China's Necessity Of Custody Censorship

The subject of the China's arresting custody necessity reviewing system is very unreasonable.In fact,the review right is the right of administrative supervision,which is inevitably related to the role and duties of the procuratorial organ.In addition,a clear and effective proving system lacks.In the current judicial context,the best case is that the review right should be owned by a relatively neutral court.All the arrests and their near relatives and defenders can apply for initiating the review procedure at any stage of the proceedings.If the court objects their applications,the arrests have the right for remedy.The court should rely on the judicial hearing to review the arrest's danger to the society and the possibility of destroying smooth completion of criminal suit activities,and provide corresponding evidentiary support to affirm the matter which is involved in the review process.The review period should try to shorten.Upon hearings,the court can make a special decision on reviewing.After declaring the decision,criminal suspects and defendants can immediately appeal to a higher court,which should execute reviewing by means of hearing,and make final judgment on custody rapidly.In addition,the construction and operation of the custody necessity review system should be guaranteed from the constitutional right of against unreasonable coercive measures,judicial power allocation,judicial reasoning,arresting custody system,alternative measures to custody,place of custody,participation of the lawyer,etc.