Study On The Necessity Review System Of Juvenile Detention In China

Modification of the criminal procedure law in our country in 2012 set up a detention necessity review process,and in the judicial practice in our country,high rate of custody,detention,arrest,such as improper custody phenomenon seriously,is difficult to effectively control and standardize the custody measures,especially for the protection of the minor criminal suspects,defendants,we should actively build a juvenile detention necessity review system,various aspects to refinement to make it clear and reasonable feasible,in order to realize the detention rate,the goal of protecting human rights.This paper introduces the legislation and practice of the necessity of detention review in China,analyzes the main problems of the necessity of detention review system for minors,and investigates the necessity of detention review system in the United States,Germany and Japan.Both civil law countries and Anglo-American law countries have made strict provisions on the necessity review of custody,especially for minors.Their study of the necessity of detention review system is early,now has been quite mature,has a great reference to improve our review procedures.Aiming at the problems existing in the practice of the necessity review procedure of juvenile detention in our country,this paper puts forward some Suggestions on the improvement based on the experience of other countries.The innovation of this article is the necessity to the custody of minors review from adult judicial independence,combined with the particularity of juvenile crime,build detention necessity censorship system,lawyer to intervene,social investigation,social care and related into custody of alternative measures apply to come in,and draw lessons from foreign experience,to establish a system for review.