Study On The Chinese Review System Of The Necessity Of Custody

China's science and technology are developing rapidly,and the forms and means of crime are ever-changing.In order to ensure the smooth progress of the case and prevent criminal suspects and defendants from continuing to create social dangers,they are usually arrested and placed in custody.However,this measure of deprivation of personal liberty is guaranteed by the state's coercive force.The abuse of public power often leads to the occurrence of “one-off in the end” and “overdue custody”,which has caused great losses to the rights of detainees.Since 2012,China has set up a censorship review system for custody.By 2016,the People's Procuratorate's Provisions for the Examination of Necessity of Custody(Trial)has made detailed provisions on the censorship necessity review system,but in judicial practice,There are still difficulties in implementing.In order to improve the system of necessity for custody in China,the author believes that we should start from the following aspects.The first should be to promote the concept,not only the principle of safeguarding human rights and the principle of power restriction throughout the operation of the system,but also the concept of investigators and detainees should be improved.The author believes that a good legal system can create a good legal environment,and a good implementer can make a rigid and rigid system "live",so it is not only the improvement of the design concept of the system itself,but also the system implementer and even the detainees.Concept.Second,regarding the subject of censorship,the neutral judge should be the subject of censorship,ensure the impartiality of the subject of censorship,and ensure the objectivity of the review results.Third,regarding the review criteria,we should adopt a cumulative scoring system to evaluate detainees so that their social risks can be quantified and the criteria for judgment can be made more clear and operational.Fourth,regarding the review process,the system of censorship necessity for custody is a measure to guarantee human rights and restrict public power.Therefore,we should implement this principle,such as the improvement of post-trial relief rights and even the tracking of custody measures.Education,as well as subsequent observations,also need to be improved.Finally,it is internal and external communication,perfecting the supporting mechanism,and letting the whole internal and external mechanisms be connected in series,which is to maximize the effect of the system.