Study On The System Of The Necessity Of Detention

The necessity examination of detention is a legal supervision activity that The people's procuratorate examine whether or not the criminal suspect need to be detained continuously.If the reasons for continued detention have disappeared,The people's procuratorate should advise the department which can decide to release the criminal suspect or change the coercive measures.In 2012,when the criminal procedure law was revised,the system of examining the necessity of custody was formally established.Then,in 2013 and 2016,the Supreme people's procuratorate formulated a series of relevant regulations to to further standardize the systems,providing specific guidance for the actual practice.The main purpose of establishing the system is to solving social problems which cause huge trouble to our judicial practice departments like overtime custody,detain to the end etc,and to protect the basic personal rights of citizens.Because every citizen is a potential criminal,and they are likely to encounter judicial injustice.Although the system has been in operation for six years,it is not difficult to know that the operation effect is not good enough.The system does not receive expected effect like protecting the justice of criminal lawsuit activity,protecting legal rights of detainees,and saving the cost of judicial effect.In this essay,the writer selected the System of the Necessity of Detention as the research object,introduced the basic theory of the system,analyzed the current operation in our country by the sample of the practice of G province M city procuratorial organs,and enumerated the existing problems in the real executives.Then,this essay introduced the legislative experience and judicial practice of major western countries such as Britain,the United States,Germany and France,and compared the system in China with the systems in other western countries.By drawing on advanced foreign experience and combining with China's latest hot issues,the essay holds that the main methods of improving the system can be summarized as the following several aspects.Firstly,we should further optimize the human resource and enhance the neutrality of the examination subject.Secondly,It is necessary for us to further change the procurators' judicial concept.Thirdly,we need to further improve the initiation procedures and review methods.The fourth suggestion is that we should further strengthen the coercive force of the review results.Fifthly,we have to set up the relief approach for the detainees against the review results.Last but not least,We should improve alternative measures for detention.