Empirical Research About The Necessity Of Custody Censorship In Procuratorial Organs

There has always been the problem of arrested custody generalization in our country for a long time,to decrease the high rate of custody,the necessity custody censorship was established in the newly Code of Criminal Procedure in 2012.There have been a lot of study about this censorship and suggestions to perfect it in jurisprudence.But most of these analyses focused on the problems of system design level from the theoretical point,lacking of long-term observation of the necessity custody censorship functioning.This article selects the work carried out by the censorship of Shanghai P DistrictPeople's Procuratorate as a chief source from 2014,and finds that the effect of necessity custody censorship has been restricted by initiative?resources and methods in practice.This article is divided into four parts,totally about twenty thousands words:The first part introduces the background of the birth of the necessity custody censorship,the provisions of the existing laws and the evaluation of the academic circles and the judicial session.The second part introduces how the necessity custody censorship working around the country and in P District People's Procuratorate.The third part tries to analysis the problems and the reasons limited the effect of censorship in P District Procuratorate,including the internal mechanism of judicial administration,lack of handling resources,the mode of censorship and the effect of detaining alternative measures is ineffective.The last part give some suggestions on the questions how to increase the effect of the necessity custody censorship.