An Empirical Study On The Review System Of The Necessity Of Detention After Arrest

The Criminal Procedure Law,which was enacted in 2013,established the censorship review system for the first time,and strengthened the supervision and disposal of the improper judicial status of the procuratorial organs for "excessive detention rates" and "inappropriate detention".The promulgation of the "People's Procuratorate's Criminal Procedure Rules(Trial)"and the"People's Procuratorate's Procedures for the Examination of Necessity of Detention(Trial)" further improved the review procedure for the necessity of detention.As a newly established system,the censorship necessity review system reflects the respect and guarantee of human rights,and it is the embodiment of the principle of proportionality in criminal litigation activities.The author takes the situation of custody necessity review carried out in the Z city of J province in the past three years as the research object.Through the process combing,data analysis and other methods,it summarizes the characteristics of the necessity of reviewing the necessity of custody in the Z city of J province.The ratio is low,the review method is insufficient,the types of cases are limited,and the reasons for suggesting changes are solidified.Combined with the current situation of practice,it is proposed that the current custody necessity review system mainly has problems such as insufficient binding of review recommendations,unclear review standards,imperfect review and relief systems,and imperfect alternatives to custody.In view of the problems in practice,this paper proposes the perfect path of censorship necessity review system from three aspects.The first is the improvement of the system itself,mainly to clearly define the nature of the review power,standardize the review standards,improve the public hearing system and establish a rights relief system.Secondly,it is a supporting mechanism for improving the censorship necessity review system,including improving the alternative measures for custody,constructing a follow-up regulatory mechanism,and establishing an information sharing mechanism.Finally,from the implementation of the system,it is necessary to strengthen the construction of law enforcement teams,improve the rights notification system,and guarantee the right of lawyers to participate.Through the research and analysis of theory and practice,it is hoped that the further improvement of the censorship necessity review system will be beneficial.