Empirical Study On The Necessity Review Mechanism Of Custody

The necessity review of custody refers to the people's procuratorate's review of the necessity of the arrested criminal suspect or defendant for continued detention.If there is no need to continue custody,it is recommended that the case handling agency release or change the legal supervision activities of the compulsory measures.Since 2016,the Supreme People's Procuratorate has successively promulgated the "People's Procuratorate's Procedures for the Examination of Necessity of Custody(Trial)"(hereinafter referred to as "the Regulations")and the Criminal Prosecution Office of the Supreme People's Procuratorate on the implementation of the People's Procuratorate's need for custody review.Provisions(Trial)Guidance(hereinafter referred to as "Opinions")for the substantive departments to participate in the examination.The promulgation of these normative documents is of great significance for curbing the high rate of detention,effectively saving judicial resources,and implementing the concept of "respecting and protecting human rights." Among them,the "Regulations" constructed a model for the necessity of custody examination by the criminal enforcement procuratorate,clearly examined the subject responsibility,and strengthened the constitutional function of the legal supervision of the procuratorate;added a preliminary review procedure before the case,taking into account fairness and efficiency;Introduce quantitative evaluation methods,and make detailed provisions on additional points,sub-items,and veto items,and improve the operability and scientificity of censorship necessity review.The perfection of the legal review text of the custody necessity review system is only the beginning of the beginning of the problems of “overdue custody” and “one-off in the end”.In the actual operation process,the custody necessity review system still has low enthusiasm for ex officio review,insufficient protection of rights according to application review,narrow scope of review cases,poor communication of review departments,low application rate of quantitative evaluation,and confusion of prosecutorial recommendations.The interpretation of the law is not strong and so on.Among these problems,there are both old and new ones.In view of this,the author takes the sample of the necessary review of custody handled by the People's Procuratorate of County A from 2015 to 2017 as the basis,and combines the specific contents of the Regulations and Opinions to show the grassroots before and after the promulgation of the Regulations and Opinions.The procuratorial organ's custody necessity review system is in an effort to reflect the new situation and new problems of the censorship of the grassroots procuratorial organs in the review of the necessity of custody.From the perspective of empirical research,responding to concerns and exploring the causes,and thus the censorship necessity review system Further improvement in judicial practice provides feasibility advice.This article consists of three parts,each of which reads as follows:The first part is the analysis of the operation status of the censorship necessity review system of the People's Procuratorate of County A of J Province.Firstly,it introduces the basis of the review,that is,the laws,regulations and judicial interpretations on the basis of the necessity examination for custody of the People's Procuratorate of County A from 2015 to 2017,and the current status of the operation,that is,from 2015 to 2017,J Province A The operation of the county procuratorate's custody necessity review system is a sample showing the basic operation of the six aspects of the start-up method,the application subject,the review method,the name of the case and the reason for the change,the litigation stage,the adoption of the procuratorial proposal,and the status of change..The second part is the problems existing in the actual operation process of the custody necessity review system and the induction of its causes,including: the procuring authority's enthusiasm for the initiative to carry out the review is not high,and the party's right to know and the right to remedy are insufficiently covered according to the application for review.The scope of the review focused on criminal reconciliation,minor crimes with minor episodes,serious illnesses,inability to take care of themselves,poor communication in the review department,low applicability of quantitative assessments,irregular prosecutorial recommendations,and lack of rationality.The main reasons for the above problems are: the over-reliance of the case-handling personnel on the detention measures,the lack of incentive function of the internal performance appraisal mechanism of the procuratorial organs,the external resistance of the case-handling department under the litigation structure,the prominent contradictions of the current stage and the small number of people,and the detention.Difficulties in the application of alternative enforcement measures,etc.The third part is based on the analysis of the problem and its causes,and puts forward five suggestions for perfecting the censorship necessity review system.The main points are as follows: First,learn from the experience of the US pre-trial service organization and try to establish a risk assessment auxiliary institution;Second,improve the scientific nature of the quantitative evaluation form and improve the quantitative evaluation mechanism;third,innovate the supervision method,improve the supervision level,and expand the application of non-custodial compulsory measures;Fourth,standardize the procuratorial suggestion document format,and enhance the interpretation of the law To improve the rigidity of procuratorial recommendations;Fifth,improve the rights to inform to protect the right to know,and strengthen the information communication between the procuratorial organs,Deepen cooperation between departments.