On The Review System Of The Necessity Of Detention

In recent years,in view of the phenomena of prolonged detention and indefinite detention,China's Criminal Procedure Law has been amended to create a review system of the necessity of detention.The establishment of this system makes up for the blank of how to relieve the rights of criminal suspects and defendants after they have been arrested.Moreover,the system has achieved remarkable results in judicial practice,and the detention rate has been effectively controlled.However,as the system has just started,there are still many drawbacks in the operation of the work,so further research and improvement are needed.Through the analysis of the connotation and legal basis of the system,and combined with the advanced experience of foreign related systems,this paper puts forward a series of solutions to the problems still existing in the examination system of the necessity of detention in China.For example,we should refine the application of arrest procedure in order to make our detention necessity review system work better;Establish accountability and network information sharing mechanism to improve the relevant supporting measures of the system,in order to achieve the value balance between punishing crime and protecting human rights.