Study On The Problems And Countermeasures In The Application Of The Review System Of The Necessity Of Custody In China

In 2012,article 93 of the criminal procedure law was added to review the necessity of custody.Detaining itself has the property of depriving rights and interests,and judicial chaos such as wrong detaining or improper detaining exists in judicial practice,which is illegal and directly infringes upon the lawful rights and interests of citizens in custody.Strengthening the application of the review system of the necessity of custody and increasing the theoretical study of the system are not only an urgent need to solve the practical problems of improper custody,but also an inevitable requirement for the correct application of the public power of the state,as well as an inevitable process for the continuous improvement and development of the system.This paper discusses from four aspects:Chapter one is about the review system of the necessity of custody.Understand the basic concept of the system,and analyze the system has the nature of litigation supervision and rights relief.The system is of great significance: it embodies the spirit of respecting and protecting human rights;To realize the effect of power supervision and restriction;Implement the criminal policy of tempering justice with mercy.The second chapter summarizes the current situation of the review system of the necessity of custody,and summarizes the problems in the application of the system.First,judicial personnel "heavy arrest custody,light alternative measures" concept.Second,there are defects in the examination method.Third,the rigid effectiveness of the review results is not strong.4.Supporting measures need to be improved.Chapter three,the review of the relevant system of foreign custody and reference.To understand the current situation of the system in the two foreign law systems,and to analyze and evaluate the mode of custody review in the two foreign law systems,so as to provide reference experience for the construction of China's custody necessity review system.The fourth chapter,in view of the problems in the application process of the system,puts forward the corresponding countermeasures to improve: 1.Establish the basic judicial concept of the necessity of custody review.Ii.Establishing the necessity review mode of sunshine interactive custody.3.Strengthen the rigidity and effectiveness of the results of the review on the necessity of custody.4.Improve supporting measures for the review of the necessity of custody.