Study On Necessity Of Detention Censorship

The measures of detention are the category of criminal coercive measures,and its application should not only meet the needs of criminal cases,but also protect the legal rights and interests of the detainees.The function of the necessity review system is to seek the balance between these two values,so as to achieve the application of the restriction of detention while ensuring the smooth proceeding of the litigation.The necessity review system of China is established after the amendment of the Criminal Procedural Law in 2012.In combination with the criminal procedure law and the analysis of custody data in the work report of the procuratorate,the problems existing in the practice are found.It contains the lack of the right of reconsideration,the lack of reexamination procedures and the inconsistency of the examination standards.Through the analysis of the problem,summarizes the defects of the necessity review system and puts some forward suggestions.This paper is divided into four parts:The first part is a review of the system.The content is the concept of the necessity of detention censorship,the nature and the function of the right of review.The second part is about the legislative status and legislative background of the necessity of detention censorship.In this part introduces the legislative background,subject and scope of the review system of the necessity of detention in China.The third part is the problem of censorship.It includes the inconsistency of the standard of the case review,the inadequacy of the examination subject and the lack of the right remedy of the detainee.The fourth part is the suggestion to solve the problem.Include that principle of perfecting the system design and the concrete opinion on perfecting the system.