Research On The Review Of The Necessity Of Pretrial Detention In My Country

The pretrial detention system has significant advantages in restraining continuing crimes,but there have been some problems in practice,such as extended detention and high detention rate.The amendment of China's criminal procedure law in2012 increased the review of the necessity of detention by the people's Procuratorate under the background of the incorporation of human rights into the constitution,which alleviated the problem of extended detention to a certain extent,but did not fundamentally solve the problem of extended detention.There are still some problems in the examination of the necessity of pretrial detention in China,such as the lack of rigidity of procuratorate suggestions and the lack of relief channels.Therefore,in order to solve the problems in China's practice,we should first start with China's current provisions,analyze the causes behind the problems,and put forward specific ideas to improve China's detention review through the consideration of the reference factors of detention review in foreign developed countries,such as the litigation structure of the separation of arrest and detention,the strict judicial review mode and multiple relief ways,These ideas include strictly following the principle of presumption of innocence and the principle of proportion in the criminal procedure law;Improve relevant systems,such as refining the examination subject,examination standards and examination methods of procuratorial organs;We should improve the relevant supporting facilities,such as widening the relief channels,perfecting the replacement measures of custody and the right of lawyers to help,while punishing crimes,while safeguarding the legitimate rights and interests of suspect.