Application Of Article 93 Of The New Criminal Procedure

In 2012 the newly revised "Criminal Procedure Law" article ninety-third gives the prosecution a new litigation supervision function of the review of detention necessity, it can be said that the functions to solve China’s high rate of custody to prescribe a medicine. Since the implementation of the new procedure, the procuratorial organs have made gratifying achievements in the application of article ninety-third, but should also be seen in the ninety-third application at the same time, standard of judgment in detention necessity review subject, review, many problems still exist in aspects of examination and supervision and so on, which has affected the development of the system. From the Q city of Heilongjiang province procuratorial organs of the people’s practical necessity to carry out the actual situation of the review of detention necessity work starting, put forward to three point proposals to perfect the system:Firstly,in reviewing the main aspects to establish the procuratorial supervision departments to review mechanism is dominant, supplemented by investigation supervision and public prosecution department;Secondly, it is important to strictly grasp the proof standard of the social risk in the standard of review; Thirdly, effective supervision program is set up to deal with the results of the review. Based on the three proposals, supporting mechanism of the work is proposed:Firstly, perfect judicial relief mechanism is necessary; Secondly, to implement the security mechanism ensures the real effective development of the working mechanism of the review of detention necessity.