Research On The Dilemma And Countermeasures Of Custody Necessity Review In China

The Development Plan Of Procuratorial Work During The 14 th Five Year Plan Period In 2021 reiterated the importance of the review on the necessity of custody after arrest,So far,The review system of the necessity of Custody after arrest in China has been implemented for nearly ten years.From the custody data,the system has reduced the custody rate in China to a certain extent,but the custody data is still on the high side.As a system that balances litigation control and human rights protection,there is still room for optimization in the review of the necessity of custody in China from the theoretical level to the practical level.Although the Supreme People’s Procuratorate issued relevant regulations in 2016 to further refine the review of the necessity of custody,it did not completely break through the difficulties encountered in the review.Through the analysis from the two levels of legislation and practice,it is found that there are many problems in the review content,review methods and working mechanism of the review of the necessity of custody in China.After analyzing the causes behind the dilemma,it advocates that the entity content reviewed should be divided into custody reasons and custody facts,and the custody reasons should be typed in combination with the characteristics of the system.After comparing and analyzing the current main review methods and their advantages and disadvantages,it is conceived to adopt the two-step review method.In addition,in order to solve the difficulties in collecting custody facts and the concerns about quality assessment after the review,in terms of working mechanism,research the countermeasures of departmental cooperation mode and responsibility exemption system.By improving the process,standardization and operability of the review of the necessity of custody in China,we can reduce the professional concerns of the reviewers,so as to stimulate the enthusiasm of the reviewers to be tried,and finally achieve the purpose of "cautious custody".