Research On The Censorship Necessity Review System

It is difficult to solve the problem in criminal justice practice in China.After the amendment of the criminal procedure law in 2012,it added the necessity review system of custody.Although the detention is not set up as an independent coercive measure,it provides a reasonable basis for detention in the system,and the appropriate separation of arrest and detention is realized,which weakens the attachment of custody to arrest to a certain extent,strengthens the personal protection of criminal suspects and defendants,and strengthens the legal supervision right of the procuratorial organs,which reflects the thought of safeguarding human rights and the legal policy of leniency,while greatly saving the judicial cost and promoting the proper procedure.However,the existing legal provisions are only the preliminary construction of the system.In practice,there are still some problems such as insufficient provisions,insufficient custody procedures,incomplete supporting mechanisms,and lack of relief channels.By analyzing these questions,we propose the appropriate Suggestions and measures,which is to perfect the need to examine the subject,the censorship,the censorship;Improving custody procedures;Improving the remedy way for the necessity of custody;Establishing a quantitative assessment mechanism for the necessity of detention;Improving the custody alternative measures;Establishing a subsequent regulatory mechanism;Establishing the internal incentive mechanism of the judicial system,etc.