A Study On The Necessity Of Detention In China

Arrest as a coercive measure to deprive suspects and accused of personal liberty before the verdict of the people's court took effect.In a way,it violated the principle of presumption of innocence and violated human rights.In view of the above,various countries have legislated to stipulate that the suspects and defendants should be detained only when it is necessary,and the restrictions on the use of detention measures should be strictly restricted,and a series of relief measures should be laid down.This has created a review system for the necessity of detention.However,the review of the necessity of detention in our country appears relatively late,and it is not until 2012 that the revision of the new Code of Criminal Procedure introduces a review of the necessity of detention.This undoubtedly complies with the international trend,Measures the importance of legal supervision,adhere to the principle of no doubt of guilty of misdemeanors,and respect and protection of the personal rights of the outstanding prisoners.However,since the review on the necessity of detention has been carried out in our country so far,we still face the embarrassing situation that the supporting system is not perfect and the concept of executive staff has not been changed,that there is no order,and that the rules are not operable.Although the review of the necessity of custody is often raised in articles on procuratorial theory,this work has been marginalized and de-institutionalized in judicial practice.As a new thing,in the course of its development,it is certainly impossible to smooth sailing and perfection.Therefore,I hope that through this essay,we can bring some new perspectives and suggestions for the construction of reviewing the necessity of detention in our country,The review work has made some contribution in formalizing and has contributed to the legal system construction in our country.This article has a total of four parts.First of all,it briefly introduces what is the mandatory review of detention,and on this basis defines the concept and characteristics of the review of the necessity of detention in our country.It discusses in detail the role and value of the review of the necessity of detention.Secondly,it introduces the reviewing system of detention necessity in the representative countries of Anglo-American legal system and civil law system from the four aspects of reviewing the main body,procedures,relief approaches and the facts and reasons of detention.Then,this article explores the current situation of censorship of detention in our country and the various problems in its development.Finally,on this basis,the author puts forward concrete suggestions on how to reconstruct the review system of the necessity of detention in our country from six aspects: starting procedure,accepting scope,main body of examination,examining method,execution mode and supporting system.