Research On Review Standards Of Detention Necessity After Arrest

The current high post-arrest detention rate and deficiency in detention assistance have long been existing in our country.Although the post-arrest detention necessity review system carried out by the amended Criminal Procedure Law has made preliminary exploration on separating arrestment and detention,which has great significance on optimizing China's detention systems and guaranteeing legal interests of appellees or suspects,there still exist problems restricting further development.For example,low practicing rate of detention necessity review system in real cases,fuzzy criteria on review standards,refusal to modifications,etc.Among all of the factors mentioned above,fuzzy criteria on review standards plays the leading role.So the setting of a complete,unified and scientific review standard will largely contribute to the improvement of detention necessity review system.This paper consists of four parts.The first part mainly studied what is review standards of post-arrest detention necessity,including its realm,features,principles and classifications as well as the realism significance possessed by optimizing review standards.The second part introduced the contents of post-arrest detention necessity review standards considering relative regulations of China.Besides,this part conducted quantitative assessments on detention necessity in cities like Shanghai,drew on experiences of different countries' review standards while making analysis,comparisons and summaries.The third part focused on existing deficiencies of China's current detention necessity review standards and tracked down the reasons behind.Issues stated in this part include unclear definition,lack of recognition,unsatisfying quantitative assessment operations,etc.The fourth part put forward reform proposals like building precise quantitative assessment model through the adoption of big data.People are thus expected to reach consensus on review standards and revitalize the post-arrest detention system.