The Study On The System Of Reviewing The Necessity Of Detention

Detention has the practical function of ensuring the smooth progress of litigation and stabilizing social harmony,but there is no doubt that detention is the most serious violation of citizens’ basic personal freedom.In the Criminal Procedure Law in 2012,our country only put forward the system of examining the necessity of detention innovatively,which shows that the people’s procuratorate has the right to examine the rationality and necessity of whether the detainees continue to be detained.In a certain sense,this system is a manifestation of the great progress of the reform of the rule of law in our country,and it also shows from the legislative level that our country is looking forward to a more thorough solution to the "stubborn disease" such as extended detention and one bet to the end,and that our country keeps up with the world "The review system of the necessity of detention has gone through the process from confusion to gradual clarity,from "one-time" review to "full stage" dynamic review,and constantly changing the subject of review so that the review of the case of the necessity of detention can meet the expectations of the legislator.But in the judicial practice,there is still the crux of high detention rate and low adoption rate.This paper examines the defects and problems existing in the legislation of the case in the light of the necessity of detention,especially in the light of the current research on the judicial interpretation which the procuratorial organ has continuously expanded and innovated in carrying out the system,and focuses on the current situation of the unity of arrest and prosecution and the adjustment of the internal organs of the procuratorial organUnder the premise of adhering to the principles of presumption of innocence,proportion,exception to detention and continuous review,the continuous optimization of the review system of necessity of detention itself and the synchronization of the supporting system are carried out,and it is expected that in the future,the neutrality of the subject and the more detailed and clear criteria and scope of the review can be guaranteed.At the same time,strengthen the supervision of non-custodial measures to ensure that the defendant changes the coercive measures without worries;inject professional help from lawyers to ensure that lawyers can "voice" the legitimate rights and interests of detainees Improve the way of examination,ensure the rationality of the results through the way of public examination,establish and perfect the system ofperiodic review of the necessity of detention,make the system of review of the necessity of detention become a long-term mechanism to guarantee the rights of detainees continuously and continuously.