The Study About The Censorship System Of The Necessity Of Custody After Catching In China

With the rise of the theory of human rights protection, the world’s mainstream values pay more attention to the protection of the legitimate rights of the offender. Custody as coercive measures to restrict the personal freedom of citizens, the reasonableness of its existence has been much controversy. Custody divide into two forms:Pending custody and implementation custody. Peoples’concerns of the rights of the offender, gradually from the stage of implementation of custody go to pending custody stage. From a global perspective, most of the laws of the international judicial norms and Western rule of law in developed countries provides for judicial review and judicial relief system, control applicable to the detention measures."Extended detention"" illegal custody "has long been a serious problem in China. An important reason is the lack of legal control of pending custody system.2010,"respect for and protection of human rights" into the Constitution, but, if the lack of effective protection of the legitimate rights of the suspects, the spring of protection of human rights in China is still far away.2012revised Criminal Procedure Law of the People’s Republic of China "is added to Article93, which states that:" the suspect, the defendant was arrested; the People’s Procurator ate shall still in custody necessity review. Unnecessary to continue custody, should be recommended to be released or to change the compulsory measures. Notify the People’s Procurator ate of the relevant authorities shall, within10days to deal with the situation. Thus establishing the custody necessity of censorship, and provides a clear legislative basis for review in custody after the catch. But which provides a more principle; specific operation in the judicial practice is difficult, in view of this, it is necessary to further improve the custody of the necessity of censorship after our catch from abroad pending custody system based on.This article is divided into three parts. Part one makes a summary of the review of the custody’s need. Conclude the concept. Custody of the need for the establishment of censorship after the catch should have some theoretical basis, mainly from the principle of the protection of human rights, the principle of the presumption of innocence, the principle of proportionality, the separation of powers principle, the principle of due process five angles on the basis of its established. The establishment of this system is not purely to international standards, but the urgent practical need, this paper start from the analysis of the current situation of our country in custody of custody to establish the significance of the necessity of censorship. Part two makes a comparative study on the review of the need of custody in Western countries. Custody system of judicial review and judicial relief pending civil law countries such as Germany, France, Japan, and the United Kingdom, the United States and other common law countries. By a comparative study of the system of these countries can be drawn from many benefits revelation. Such as the main body of the review should be a neutral third party in the prosecution and defense, stressed that the participation of the parties on the review process, punitive detention to establish universal inform system, the establishment of a sound and the right to relief system, the need for the establishment of a custodial censorship perfect supporting measures. The third part is the recommendations for further improve our censorship system, which is about the necessity of custody after catch. In this paper, after our catch custody of the need to review the system should follow the general ideas and principles, and analysis of controversial issues exist in the existing custody necessity censorship. At the same time, put forward concrete idea to build the necessity of detention review mechanism. Such as, the vesting of the right to review; the contents of the review; the start of the review, and deadlines. Of course, the custody of the need for the establishment of censorship cannot do without the support of the supporting measures, such as the reconsideration review system, alternative measures of detention and external oversight mechanisms.