The Perfection Of Detention Necessity Review System Under The Background Of Procuratorial Reform

Criminal detention is a measure taken by the judiciary to continue to deprive the criminal suspect and the defendant of their personal liberty before the effective judgment of the court,which violates the principle of presumption of innocence to some extent and is a violation of human rights.Detention is an indispensable measure in criminal proceedings,and it is also a deprivation of citizens' personal freedom.In view of this,countries have legislated one after another,imposed strict restrictions on the use of detention measures,and provided a series of relief measures,resulting in a review system of the necessity of detention.The high pretrial detention rate in criminal cases in China is a long-term reality.The purpose of establishing a detention necessity review system in criminal proceedings is to examine whether the arrested person should continue to be in need of detention in accordance with the law,so as to both protect the legal rights and interests of the detainees and ensure the smooth progress of the criminal proceedings.The review of the necessity of detention appeared relatively late in China,and it was not added to the legislation for the first time until 2012.Although this system has achieved a lot of practical results,there are still many theoretical and practical contradictions.This article is based on the actual situation of the detention necessity review system under the background of the procuratorial reform,combined with the history of procuratorial reform in China since the founding of the PRC,analyzing the special historical environment for the development of the system,and exploring the current status of the operation of the system at home and abroad.Especially with the author's own experience in Y City of J Province,taking this hospital as an example,to explore the contradictions and confusions in the operation of the current system,and to explore the contradictions in the current review of the necessity of detention from the aspects of legislative design,judicial practice,and system effects,and from the aspects of improving the initiation of the review,continuously clarifying the review scope,improving and enriching the relief mechanism,optimizing the thinking concept of the judicial personnel,and establishing related supporting mechanisms,etc.The relevant path measures and suggestions for improving the detention necessity review system are proposed.By discovering and pointing out the actual problems in the current China's detention necessity review system,and putting forward a path to improve the system based on the background of the procuratorial reform,the purpose is to promote the continuous improvement and development of our country's detention necessity review system,and to advance its role with the times.The role of safeguarding and safeguarding human rights.