Necessity Of Censorship In Custody After Arrest

Detention necessity review refers to the procuratorial organ to the criminalsuspect or defendant before the arrest until the court decision，whether to continue thenecessity of custody review a custody supervision system． For current high arrestrate，high detention rate，the newly promulgated Criminal Procedure Law Article93clearly establishes the system of continuous inspection of the necessity of detention．The system helps to reduce the detention and guarantee the legal rights and interestsof criminal suspects and defendants．However，the current criminal procedure law andrules of criminal procedure by the Procuratorates have few provisons related to thesystem of the necessity of detention． Therefore， there are still many problems tosolve，such as pre-trial detention is not an independent system，review subject lack ofeffective control，examine ways is not specifical，the content is not comprehensiveand so on．This not only brought the bottleneck of the practice，but also can not beachieved the spirit of the protection of human rights and the aim of reducing the rateof detention．Therefore，our country should on the basis of analyzing the causes ofthese problems，combined with the actual and extraterritorial detention relief system，put forward the path for perfecting the necessity， mainly from custody legalprinciples，exceptional and proportional principle to regulate．Secondly，we shouldproposes the thought for its development and improvement， mainly from definiteindependent legal status， build prisons prosecution-led review of the structure，improve examine ways，demonstrate examination content and build the perfect reliefmechanism． Finally， in order to better carry out the review of the necessity ofdetention，our country still needs to establish a series of supporting systems，such asdetention rights inform beforehand and reason description afterward，scientific andrational work performance appraisal mechanism and consummate alternativemeasures，in order to play a more active role in the practice of criminal justice in ourcountry．...