Research On Detention Necessity Review System

The review of the necessity of detention is an important system eastablished in the Code of Criminal Procedure amended in 2012.It aims to limit unnecessary or improper detention as far as possible under the premise of the smooth progress of litigation and to protect the legitimate rights and interests of the criminal suspects and defendants,which reflects the requirements of modern judicial philosophy.Having been implemented from 2013,the system has played an important role in improving the persistent problems widely criticized in criminal proceedings,for exmaple that arrest the criminal suspect once he commits a crime and that hold the criminal suspect in custody to the end,and has raised the protection of human rights to a new level in China.Having been put into practice for five years,what else of the system worth discussing in theory;what results have been achieved in the review process;what problems still exist and how to improve these problems.Based on the above questions and taking the review work of the necessity of detention carried out in the People's Procuratorate in M city,G province where the author serves as research samples,the author offers many suggestions through theoretical discussion and practical investigation on the practice of review,for example,set up the subject of review scientifically,extend the review of the necessity of detention to pre-arrest,further improve the supervision means of the People's Procuratorate,adhere to the principle of continuous review,improve review standards,establish remedy procedure and improve supporting measures,so as to establish a perfect model in line with China's actual situation.