The Study On The System Of Reviewing The Necessity Of Detaining After Arrestment

In 2012,the 93 th article of the revised criminal procedure law set up a review system for the necessity of detention.At the beginning of the design of this system,it is based on the consideration of the status of detention in China's criminal proceedings,which is mainly manifested in the problem of the high rate of detention in our country,which is seriously detrimental to the protection of the human rights of criminal suspects and defendants.However,the necessity of the post arrest examination system has been established so far.As a whole,the high rate of detention has not produced the transformation of qualitative change.In practice,there are many problems to be solved,especially in the construction of system.Although the most high inspection in the new revised "the people's Procuratorate for the necessity of checking the necessity of checking cases(Trial)" has detailed provisions on the specific operation procedures,but in practice,the procuratorial organs still exist in the implementation of the difficulties,it is worth us to discuss and put forward suggestions.This paper mainly studies the necessity of detention after four chapters.The first chapter is a summary of the necessity review system of post arrest custody.The second chapter analyzes the basic situation of the subject of review,and studies the inconsistent provisions of the subject in different legal documents,and puts forward the corresponding solutions to the problems arising from the other related subjects involved in the case of the necessity of detention.The third chapter focuses on the review of the examination system of the necessity of detention and the way to examine the examination system.It is based on the detailed analysis of the specific content of the review,and the direction of the treatment of the detention examination cases under different circumstances,and the application of the open review in our country.The fourth chapter puts forward specific suggestions for improvement of the necessity of detention system.