The Practical Predicament And Perfection Of System In The Necessity Review Of Detention

In 2012,the Criminal Procedure Law of China established the system of the necessity of detention.The Article 93 stipulated the basis and framework of the system,clearly gave the function of the review and suggestion on necessity censorship of detaining after custody to procuratorial organ.So the principle of presumption of innocence and the guarantee of human rights are well implemented in the field of criminal procedure law.The People's Procuratorate's Rules of Criminal Procedure(Trial)promulgated in 2013 by the Supreme People's Procuratorate has relatively refined the custodial necessity review system.Article 616-621 forms the embryonic form of this system.Subsequently,the People's Procuratorate's Regulations shall handling the provisions on the Necessity of Detention in custody(Trial),passed by the Supreme People's Procuratorate in January 2016,started from the three aspects of filing,reviewing,and concluding the case.which prompting the review organ to change from passive to active,.The principle of power restriction and The concept of human rights protection has been implemented in the judicial practice.The development of a new thing is always tortuous.Since the establishment of the custody necessity review system,there have been flaws of varying degrees in both theoretical and practical aspects.The future direction of the development of the system is a new task that our country needs to face.This article is divided into four parts to discuss the practical dilemma of custodial necessity review and system improvement.The first part starts with thetheoretical level,introduces the concept and connotation of the system,and defines its nature.It focuses on the theoretical basis of the custodial necessity review system and focuses on the legislative background of the custody necessity review system in China.The second part,based on the review of the necessity of custody in our country,analyzes the status quo of the custody necessity review system,and summarizes the practical difficulties and deficiencies,so that we can propose and expound the perfect ideas of the system in the following text.The third part,through the comparative study of the necessity review system of foreign custody,summarizes the advanced experience from outside the country and achieves the purpose of learning from each other.On the basis of the first three parts,the fourth part focuses on elaborating the path for reviewing the necessity of custody in China.It includes Suggestions on system revision based on system weakness and Suggestions on improving corresponding supporting mechanism for existing problems.Through the reorientation of the system,the institutional theoretical foundation is consolidated.Through the examination subject,the review standard,the review mode further clear,the enhancement system's operability.Through the improvement of the examination results and relief approaches,the reality of the system will be realized.Finally,through the summary and absorption of foreign experience,the supporting mechanism of the necessity review system of detention could be established.It Includes the improvement of custodial alternative measures,the establishment of custodial necessity periodic review mechanisms and information sharing and communication mechanisms,the protection of lawyers' procedural defense participation,and the setting up of special custodial necessity review sites.