The Research On Review Syetem Of The Custody Necesstiy

The review system of the custody necessity of the Procuratorial organs began with the Criminal Procedure Law in 2012,From the beginning of implementation,it has been placed great hopes,but now the effect is mediocre,but it has been paid more attention and discussed by the academic and practical circles all the time.In the past seven years,although the custody rate has been reduced to a certain extent,the problems of replacing investigation with arrest and custody to the end have not been fundamentally reversed.The custody rate is still at a high level,and the restraint role of review system of custody necessity is limited.The main reason lies in the lack of neutrality of the subject of review,the lack of Scientific method of review,and the difficulty in operating the standards of review,but the core reason lies in the lack of litigation features of the review procedure.This paper analyses the handling cases of custody necessity review in the procuratorial organs of X City,H Province,finds out the fundamental reasons that restrict the development of custody necessity review system through theoretical combing and empirical research,and puts forward the improvement path of review system of custody necessity in China through innovative theories and reform procedures.This paper consists of four parts.The first part is the theoretical combing of the custody necessity review system,mainly the connotation,elements and theoretical basis of the system,forming the basic theoretical framework of the system.The second part is the empirical analysis of the handling cases of the custody necessity review in X City,H province,to verify the conclusion of theoretical analysis by the empirical analysis.The third part is to summarize the problems and shortcomings in the practical operation of review system of the custody necessity.The fourth part is aimed at the problems and shortcomings of the review system of the custody necessity,to propose the perfect path of system design.