Research On The Necessity Of Detention Review

The establishment of the censorship necessity review system has strengthened the effective supervision of the detention process and is conducive to promoting the more scientific application of pretrial detention,but the application of the censorship system has not changed the reality of the high custody rate,and the detention procedure There are still many problems to be solved,so the system should still be studied,and the improvement of the concept of reviewing cases and the reform of the litigation system should be continuously promoted.This paper is divided into four parts to study and analyze the compulsory necessity review system:The first part is a theoretical overview of the censorship necessity review system.The first is to interpret the detention system.In the current judicial context of our country,detention is a kind of follow-up of the temporary deprivation of personal freedom caused by the suspect or defendant due to detention or arrest before the court makes the effective judgment.State;then,the connotation of the censorship necessity review system is elaborated.The custody necessity review system is a review of the necessity of the custody of the criminal suspects and defendants after the arrest by the statutory organs.The system of releasing or changing compulsory measures is an important part of the judicial review system,which is conducive to the realization of the rights and remedies for detainees and the effective checks and balances on the criminal prosecution.Finally,the principle of presumption of innocence based on the system is included.The theoretical basis of the principle of proportionality,the theory of power restriction,and the theory of human rights protection are clarified,pointing out the necessity and rationality of the existence of this system.The second part mainly examines the extraterritorial detention censorship system.Through the examination of the applicable subjects of the custody review system of different major legal systems,the review procedure,the extension of the detention period and the review of relief,the comparative review of the custody examination systems of the two major legal systems is carried out,and on this basis,the review is ensured.The main body neutrality,the principle of insisting on the principle of custody exceptions and the improvement of the alternative measures of custody have brought enlightenment to China's improvement of the custody review system,thus making the establishment of the legal system for custody examination in China more complete.The third part is to study the current situation of the censorship necessity review system in China.Firstly,it interprets the existing provisions of the legislation and judicial interpretation of this system in China,and then points out that the system lacks neutrality in the legislative provisions,the method of review is written,the rigidity of procuratorial suggestions is insufficient,and there is no effective relief mechanism.The problem is to analyze the problems of the law enforcement concept of the case-handling personnel behind in the actual operation of the system,the lack of enthusiasm for carrying out the review work,and the lack of applicable alternatives to the detention.The fourth part is the improvement of the censorship necessity review system.In view of the problems existing in the legislative and system operation process of the current China custody necessity review system mentioned in the third chapter,combined with China's judicial practice and foreign useful experience,the author revises the review subject from the legislative and judicial levels.Improve the feasibility of custody,improve the quantitative evaluation mechanism of custody review,enhance the rigidity of procuratorial recommendations,change the concept of investigators' handling of cases,eliminate case concerns,and improve alternatives to custody,and adopt organic cooperation in all aspects.Work together to gradually improve the custody review system and promote the litigation process of pretrial detention procedures.