Studies On The Necessity Review Procedure About Detain Behind Arrest

Necessity review procedure about detain behind arrest is a procedure that continuous review the suspects and the defendants about whether detains or not during the investigation,prosecution and trial.The review process can adopt the written form and the form of public rhetoric review.The Article 93 of the Code of Criminal Procedure stipulates that when the suspect or the defendant was arrested,the people’s procurator’s office should still need custody review.If there is no need to be kept in custody,the people’s procurator’s office should advise the suspects or the defendants to be released or to be changed the compulsory measure.The relevant authorities should inform the processing conditions to the People’s Procurator’s office in 10 days.The review process can not only prevent the occurrence of the phenomenon of long-term detention,illegal detention and arbitrary detention,and can effectively protect the human rights of criminal suspects and defendants.What’s more,it can greatly enhance the authority of the judiciary and credibility,maintain the dignity of the law and achieve the long-term stability of the society.In addition to the introduction and conclusion,the paper is divided into four parts with more than 23,000 words.The first part is the overview of after catching custody.First,based on the investigation of after catching custody at present in our country,we can find out the rate of long-term custody abnormal is extremely high and the illegal custody and arbitrary detention phenomenon is very serious.It’s of great significance to establish custody review procedures and to improve the judicial symptom.Secondly,The necessity to establish review procedures in theory has profound value foundation.Human rights and the presumption of innocence and the program as is not only the benchmarking of the criminal procedure law,but also the cornerstone of necessity review procedures to establish the custody after catching.The second part is about the major countries in Europe and the United States to catch detention review process provisions profile.there are many worthy of theoretical research and judicial practice in custody for the necessity of the review process in the developed countries like Europe and America for us to reference,such as:the need for review by a neutral court;Review mainly adopts the way of hearing to fully respect and safeguard the criminal suspect,the defendant’s legitimate rights and interests,etc.The third part is about the ownership of the right to review the necessity.In our country,to build after catching custody necessity review procedures,the ownership of the right to review is the core,that is,by what authority,which department to exercise this power.Of course,the existing law is clearly defined by the People’s Procuratorate to exercise,and subsequently the highest judicial interpretation issued by the inspection of the people’s procuratorate internal functional departments on the purview division.Exercised by the investigation supervision departments has the timeliness;Exercised by the prosecution department has the accuracy and the staff in exercise with relative neutrality.However,from the point of view of academic research and litigation pattern,the necessity right to review which classified the People’s Court to exercise is the most appropriate.The fourth part is about the specific procedures of after catching the necessity of custody review.To establish and improve the custody of the need to review procedures after the catch,which several important elements is the key.This article focuses on selected start the main body of the review process,the review of the beginning of time,review and relief after the review process has been completed,discusses the four pillars of the establishment of custody of the need to review the program to play a supportive role in the capture after.It has a very important significance to establish and perfect the custody of the need to review procedures after the catch in the environment of China’s judicial reform.First,it can effectively alleviate or to curb practice abnormally high rate of detention,illegal detention and adequate protection of the suspect,the defendant legal right of action.Second,the effective implementation of the operation mechanism reform of the judicial power of the Political meetings this year,and give full play to the function of legal supervision of the People’s Procuratorate.The third is conducive to maintaining the authority and impartiality of the judiciary,and improve the credibility of the judiciary,and to promote social harmony.