Pending Custody Necessity Research Of Censorship

"Custody", in the criminal procedure is generally thought that refers to the criminal suspect, defendant or convicted people held in place, limit the personal freedom, deprived of their personal rights under a compulsory measures, generally can be divided into pending custody and determined for custody. Is pending custody pending custody refers to the effective judgment made before, to ensure the smooth operation of the criminal lawsuit activity and deprive the criminal suspect or defendant personal freedom, can make it in the process of criminal lawsuit is always present a compulsory measures. In our country, pending custody investigation and examination and prosecution and trial stage, the public security organs and people’s procuratorates to detention and arrest the criminal suspect or defendant after continue to restrict the personal freedom of course brought by the state and the inevitable consequences. It has the independence, procedural, exception, time limit, the features of legitimacy.According to the above definition of the pending custody pending custody need review refers to the relevant authorities according to law review for the trial before the criminal suspect or defendant in custody and arrest the custody of state after further review, and fully considering the balance of public interests and basic human rights of the suspects, so as to make a decision on whether to have custody of the necessary. It has the following four functional features, that is, review the main body flexibility, the function of neutrality, startup mode of supervision, phase valuation and predictability.Establish post-sentence detention necessity of censorship in China is not only to solve the high rate of custody and detain deadline not sure the need of practical problems, in terms of the system itself, there are also a significant value of justice. It is not only to prevent the abuse of power, reduce litigation costs, saving judicial resources, enhance the custody for the need of legitimacy and acceptability, is to carry out the principle of respect and safeguard human rights, implement the criminal policy of tempering justice with mercy need, the need of building a harmonious society.In2012the newly revised "criminal procedural law" the ninety-third after explicitly give the procuratorial organs in the necessity of custody continue review responsibilities at the same time, also make clear a regulation the necessity to check the guarantee mechanism of arrest in custody. The people’s procuratorate issued rules from the start of the review subject, review procedures, review time, ways of examination, examination content, make the rules. But there are also many problems, such as examination subject is not neutral, examination scope of incomplete start way is not reasonable, lack of the effectiveness of the review decision, etc. In order to make the system can give full play to its function, more conducive to the operation of the judicial practice, through legislation or judicial explain its elaboration is imperative.Censors should be held by a special investigation supervision department; Review should also include the content of the criminal detention after the necessity of the necessity of detention, arrest itself, and each litigation involving the investigation, examination and prosecution and trial; About the duration of the review, can according to the needs of the case can be divided into instant review and periodic review, the specific way of examination can review in writing is given priority to, when necessary, may remand the case for interrogation of criminal suspects, such as composite examination way, for the special major cases and controversial cases, can take the hearing.