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Review The Necessity Of Detention System In Q Area The People's Procuratorate As The Center

Posted on:2018-06-18Degree:MasterType:Thesis
Country:ChinaCandidate:C Y ZhouFull Text:PDF
GTID:2416330542958426Subject:Law
Abstract/Summary:PDF Full Text Request
In our country,the contradiction between the high rate of arrest after the arrest and sentenced to light punishment between the high rate of two has been difficult to solve,leading to extended custody is serious,and this is our country the necessity of custody system lack of legal control has a great relationship.Therefore,in 2013<the People's Republic of China Criminal Procedure Law>established the necessity of censorship in custody clearly,the main functions,the procuratorial organs exercise review responsibilities,provide the basis for legislation after the arrest of detention review,however,because the regulations are too general and the system itself and the function of arrest and criminal prosecution functions deviated from the practical effect is not ideal.In Z province Y city Q District People's Procuratorate as an example over the past four years,the implementation of the custody necessary examination system,start the custody necessary examination in the number of approved the arrest of proportion less proportion of the total number of long-term high detention rate has been against the protection of human rights,to pass To live in a more effective way to solve it.Therefore,the people's Procuratorate January 13,2016 implementation of the "Regulations for the necessity of detention review cases(Trial)" once again stressed the protection of the rights of criminal suspects arrested,the necessity of detention review provisions of procuratorial department accepted by procuratorial organs within the criminal,to a certain extent improve the initiative and enthusiasm of the work.However,under examination conditions,time limit,start way,relief mechanism,accountability mechanisms and other restrictions,the work is not carried out efficiently in practical operation,there exist some problems in thispaper.In reference to foreign related systems,practices on the basis of the proposed suggestions to the related mechanism,in order to gradually improve the custody necessary examination system.
Keywords/Search Tags:Action criminalis, Detention necessity review, People's procuratorate, Coercivemeasure
PDF Full Text Request
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