The Confusion And Path Choice For The Censorship System Of The Necessity Of Custody In The Censorship

Abstract:Extended custody、custody but no sentence and high rate of custody are the chronic illnesses of the criminal custody. The revised Criminal Procedure Law regulates the censorship system of the necessity of custody after arrest. This system is in accordance with the overall design of our country’s Criminal Procedure Law, it shows the Chinese characteristics of respect and protection for the human rights in criminal lawsuit activities. But it just regulates the relative rules, not enough operability, if it works, it needs the construction of operation mechanism which is in accordance with our judicial practice and procedure law. According to the empirical research of the censorship of the necessity of custody during investigations in C City Procuratorate, which is the central one with high rate of Pre-trial detention in H province, it reflects that there exists the ubiquitous actual puzzlement in the censorship of the necessity of custody, namely, deviation in the concept of justice, imperfect protection mechanism of the censorship of the necessity of custody and other two issues. In order to build a scientific and reasonable censorship of the necessity of custody after arrest, the following aspects should be focused on:establishing a correct concept of law enforcement, confirming the body of censorship of the necessity of custody, having definitive criteria and procedures and improving its protection mechanism.