Study On The Necessity Of Custody Censorship

It is valid for theory and practice to establish the China’s newly revised “Codeof Criminal Procedure under section93of necessity of the continued detention afterthe arrest of censorship in2012.For a long time, there is a big gap in the necessity ofthe examination and supervision of detention, which results in an imperfectdetention system. So in practice the arbitrary arrests, erroneous arrest, extendeddetention have occurred frequently, forming high judicial custody status. And the highrate of suspended sentence, to a certain extent, indicating that the suspects do not needto be arrested, or coercive measures can be changed after the arrest. Because after thearrest of the facts and evidence of the case as well as criminal reconciliation,repentance offender, restitution and other factors will push forward with the litigationprocess and change, which need reconsidering the necessity of the detention.However,it is not common to change after the compulsory measures. Therefore, perfecting andreviewing the system of the necessity of the examination and supervision of detentionand reducing unnecessary detention not only effectively protect the rights of detainees,but also help improve the criminal procedure and advance the judicial reform.This paper is divided into four chapters. The first chapter introduces the meaningof the detention and the function of the pending custody, secondly it describes,Secondly, it describes the connotation of the detention and its theoretical basis ofexistence, which explains the conflicts of the pending custody and freedom, humanrights, restriction of government power and other concepts, etc. Detention reviewsystem is necessary to find their own reasonable position in criminal proceedings andin The second chapter discovers problems of detention review system itself and inthe practice of censorship. The third chapter carries on the comparative analysis of theextraterritorial detention necessary examination system, mainly stressing from theirpending custody review procedure, relief and other aspects of the regulations of ourcountry, to improve the custody necessary examination system for learning reference. The fourth chapter puts forward their own ideas in custody after arrest to perfect thenecessity of our country’s review mechanism, ncluding the main body of theclear detention review, the standard of detailed examination to distinguish betweenthe rules of evidence, In view of the necessity of detention censorship problems,further perfection of review system is surely in need. making the necessary after arrestcustody examination system more normative and operable.