Prosecution Oversight To Pretrial Detention Of China

Pretrial custody means that a criminal suspect or defendant is deprived of or restricted his personal freedom by compulsory measures before being given an effective criminal judgment by a court.On the one hand,pretrial detention has procedural function and crime prevention function,so it is widely used in the world.On the other hand,if pretrial custody is applied improperly or even wrongly,it will cause substantial damage to the right of personal freedom of criminal suspects and defendant.So the world's major countries under the rule of law generally adopt the mode of power to restrict power,pretrial detention for necessary control to prevent its abuse.At present most countries in the world are mainly controlled by the court before trial detention and arrest and custody of the separation system.According to the constitution and the law of our country,the procuratorial organ is the legal supervision organ of the state,and has been occupying an important position in the supervision system of state power.Our country mainly adopts the mode of procuratorial supervision to control the pretrial detention,which is mainly manifested by the procuratorial organs exercising the right of arrest.After examining the process of rule of law.In recent years,with the continuous revision of China's criminal procedure law,the current prosecutorial supervision of pretrial detention has been significantly expanded in the breadth compared with the previous years.For example,the procuratorial organ can control the pre-trial detention by conducting the necessity review of custody,approving the extension of the detention period for investigation,and procuratorial supervision of criminal detention and recalculating the detention period for investigation,All these play a certain role in reducing the pretrial detention rate in China.However,it should be noted that compared with western countries with developed rule of law,China's pretrial detention rate is still high.The deep reason is that the criminal procedure legislation in China is deeply influenced by the Soviet model.The procuratorial supervision of pretrial custody in China has obvious administrative tendency,which directly leads to institutional failure of the procuratorial supervision of pretrial custody in China.Under the background that the procuratorial organs in our country carry out the reform of "the body of arrest andprosecution" case handling mode,On the one hand,efforts should be made to improve the relevant supporting mechanisms of non-custody litigation,so as to provide the basic conditions for the wide application of non-custody litigation by procuratorial organs.on the other hand,the procuratorial organs must continue to promote the transformation of the procuratorial supervision procedures in pretrial custody into litigation,and build a case handling mode in which both sides of the investigation and defense are relatively balanced and the procuratorial organs are in the middle of the judgment,so as to effectively cope with the exercise of procuratorial organ pretrial detention decision question.