The Research Of Detention Necessity Censorship In Procuratorial Organ’s Constructing

As a legal supervising organ, the procuratorial organ was given the duty as the subject of Detention Necessity (following short for DN). Some scholars consider to put the main body of it to People’s court, Supervising Sectors of Procuratiorial or censor prosecution sectors as the western powers. But I still believe the best way to fit our national condition is to put it into procuratiorial organ.In this paper, I will offer the new explanations of DNC’s definition and content. To analysis the logical precondition, theoretical base and legal position, etc. to give a further explanation of meaning and available range.And then, this paper analysis the abroad and home environment of the DN. Especially there are many factors like "Detention to be used as time delay", the incorrect political view makes wrong results, DN’s abused and make the normal development to be shuffled in the other fields. So, on such base I give out an brief explanation on why DNC should in the new edition Procurtorial Law. Even in the new one, Item93and6th Column from Chapter14give detailed definition of DN. But there are still many disadvantages in how to set, operate divide the tasks and protect aspects. That’s because DNC still in the prior building stage in our country. On this base, I would explain why the DN would set in the system structure, especially in every necessary stage of detain, act uniquely like the main organ belongs to either procuratorial sector or police, invesgating content, time and others totally6aspects, in order to avoid the shuffling of concerned sections, and make sure the job can be done efficiently. At last, I consider the problems occurs in practice of The Judicial Process, and offer out my suggestions of the advising rights, objective and orderly acting of DN. Wish DN can offer its power in the process without abusing. Furthermore to respect and protect the human rights.