Concept And System:Discussion On The System Of Censoring The Necessity Of Detention

The criminal procedure law(revised in 2012)has established the censorship of the necessity of detention,and the procuratorate will execute this power.There are nomological bases for the establishment of the detention necessity censorship,which mainly includes the protection of human rights,the restrictions of power,the presumption of innocence,the principle of proportionality.At this stage,China's censorship of detention necessity is not perfect,for the subject who censors the necessity;the time when will the process of censoring the necessity be started up;the standards what should be carried out;and the methods how to do the censor,are still questionable.As far as the current situation of the detention necessity censorship in our country,the high arrest rate restricts the development of the detention necessity censorship,the review work lacks detailed legal guidelines,the review standards are not unified,and the review procedure is not exhaustive.As the department who executes the power,in the practice operation,for the criminal prosecution department of Prosecutors' Office,there are many difficulties in obtaining the information after the arrest,lacking enforcement efforts in review process,and implementing the procuratorial suggestions and so on.Therefore,in order to change this situation,we should change the concept of justice base on the judicial system;improve the relevant laws and regulations to ensure the effectiveness of the review;refine the contents of the review and unified the review standards;innovative mechanisms to improve the quality and efficiency,to ensure the organic unity of lawsuit effects and social effects.