Study On The Mechanism Of Detention Necessity

Since the arrest and custody procedures have been integrated for a long time in China,the detention is now being considered as a definite result of arresting or depriving citizen's freedom by force.In practice,it is widely used as a measure of punishment.Provisions of the Criminal Procedure Law enabled the procuratorial organs to have rights of detention necessity review on January 1,2013.This has not only strengthened the supervision function of procuratorial organs,but also expanded the ways of how procuratorial organs safeguard the fairness and justice of oursociety.However,there are still several severe problems in the detention necessity review mechanism in China,comparing with that in western countries.Therefore,we should learn from the advanced experiences of the detention necessity review mechanism in western countries,and we should comply with the judicial concept of procedural justice to improve the detention necessity review mechanism in China.In the short term,it is necessary to establish scientific criteria for the detention necessity review mechanism,to conduct a periodic mechanism,to develop alternative measures for detention,to improve the communication and coordination of the detention necessity review mechanism,and to strengthen the executors of the criminal procuratorial team.In the long term,we should achieve the separation of arrest and detention,follow clear legal procedures for detention and set up independent courts for detention review.