Research On The Necessity Of Examining And Implementing The Custody Of Procuratorial Organs

At present,in the judicial practice in our country,there are "high rate of custody","detention",and many other problems to be solved.In January 2013 of the "criminal procedural law" the 93 th regulation,"a criminal suspect or defendant,the people's procuratorate shall remain in custody necessity.Does not need to continue custody,shall advice to release or change the compulsory measures...".This rule is a big step forward of the new "criminal procedural law",is the significance of detention necessity review in system reform of the existing compulsory measures.Detention necessity review attachment weakened the custody to take measures,to prevent the defendant,the criminal suspect is unreasonable and unjust custody on procedure and to strengthen the procuratorial authority to supervise the arrest of the abuse of coercive measures,at the same time,protect the legitimate rights and interests of the defendant,the criminal suspect.However,"ACTS is not enough to do",article 93 of the criminal procedure law of our country the necessity of the review process of custody regulations are too general,poor operability in the judicial practice.Although the supreme people's procuratorate on January 22,2016,announced the necessity in examining a case to the people's procuratorate to handle custody regulations(try out)",the regulations on arrest of a criminal suspect or defendant in custody need review mechanism to make a more detailed explanation,but in practice in the operation of the detention necessity to review implementation mechanism has many imperfect places,like detention necessity examination of the specific application of mechanism,relevant supporting measures and other regulations are still not perfect.In view of this,the author in this article,in view of the procuratorial organs detain the necessity to review implementation of confusion and disorder were analyzed,and based on this,advances improve procuratorial organs detain the necessity to review implementation mechanism run effective path.