Problems And Solutions Of The Detention Of Review System

Due to the influence of its own culture,history and economic development,there still exists the traditional judicial idea that focuses on combating crime and presumption of guilt in the criminal procedure practice in China,which leads to improper detention and prolonged detention in the judicial practice,which seriously hinders the realization of the value goal of criminal procedure.In order to reduce the high rate of detention and protect the rights and interests of the accused,the system of review of the necessity of detention has been involved in previous debates on reform,and it was not until 2012 that the Criminal Procedure Law of China added a regulation of review of the necessity of criminal detainees.Afterwards,the Supreme People's Procuratorate made detailed provisions in the form of judicial interpretation through the "Rules of Criminal Procedure of the People's Procuratorates",making this system gradually take shape.However,as a new system,the system is only legally determined.Only the significance of establishing the system needs to be constantly improved.In 2016,the Provisions of the People's Procuratorates on the Handling of Cases of Necessity of Detention(Trial)(hereinafter referred to as the Provisions(Trial))were adopted at the 47 th meeting of the Commission and issued to people's procuratorates at various levels throughout the country.The Provisions(Trial Implementation)clearly defines the mode of review for the application of the unified handling by the criminal inspection and inspection departments and the cooperation of other departments.The neutrality and convenience of the criminal execution procuratorial department make the subject of examination return to the criminal execution procuratorial department has more advantages than the previous sub-management,and can achieve the separation of detention and arrest to a certain extent.This article uses the value analysis method,takes the custody necessity review system localization and the value as the guidance,evaluates analyzes the custody necessity review system suitable present situation,analyzes the question which appears in the operation and proposes the solution countermeasure.In practice,there are still some problems in the necessity review system of custody,such as insufficient rigidity of procuratorial Suggestions and imperfect relief mechanism.To solve these problems,we must change the procuratorial organs prosecution suggests to the decision,to establish a comprehensive relief program,perfect the hearing procedure,only in this way,can we achieve case resources linkage between the judiciary and sharing,custody need to review the real role into full play.