Study On The Necessity Review System Of Detention After Arrest

According to the current law of our country the examination of the necessity of custody refers to the examination of whether it is necessary for the people's procuratorate to keep custody.This is not only the optimization and improvement of procuratorial power allocation,but also a new measure to appropriately reduce the application of imprisonment under the background of the reform of the trial-centered criminal procedure system.We have respected and safeguarded human rights and ensured that the factual evidence in the cases investigated and prosecuted can stand the test of law.In this paper,cases handled by the people's procuratorate of S district,C city,L province are selected as samples.Through data analysis,the operation status of the necessary review system of custody is understood,and problems in the necessary review work of custody are found.By analyzing the literature and comparing with the review mechanism of detention necessity in other regions in China,this paper proposes ways to improve the review mechanism and explores ways to improve the review mechanism,so as to highlight the humanistic care of justice and maintain fairness and justice.Firstly,the introduction introduces the background,current situation,object and method of the research.Expatiate on the legislative background of the necessity of custody review system and the exploration of its operation in some regions of China;The research status is through the literature search,the current domestic research on the necessity of custody review system is classified,research loopholes are found,highlighting the innovation of the article;The research object and method are introduced as the reasons and research methods for selecting the procuratorate of S district,C city,L province as the research sample.The first part is the overview of the necessity of custody review system,based on the theoretical level,clear the connotation of the necessity of custody review system,clarify the necessity of custody review system components and theoretical basis.The second part is the practical analysis of the review of the necessity of detention of the grassroots procuratorate in district S,city C,L province.By combining the work of the procuratorate with laws,regulations and judicial interpretation,and analyzing the work mode with data,the author finds out the irrationality of the procuratorate,laws,regulations and judicial interpretation.The third part is through the analysis of the work of the procuratorate of the S district of C city,found that the necessity ofcustody review system in the legislative and judicial practice level,so that in the fourth part can be targeted to put forward some ideas that can help improve the necessity of custody review system in China.The fourth part is based on the first three parts,based on the necessity of custody review system of the legislative purpose,combined with the L province C city S district procuratorate in the practice of the problems in the legislative level and judicial practice level of specific recommendations for improvement.