The Study Of The Necessity Inspection System Of After-arrest Detention

Necessity inspection of detainment after arrest, a new oversight responsibility forprocuratorial organ given by law after criminal procedure law is revised, has greatsignificance for separation of arrest and detainment, prevention of detainment over period,unnecessary detainment and maintaining the detained person’s legitimate rights and interests.Criminal Procedure Rules of the Supreme People’s Procuratorate (hereinafter referred to as,Criminal Procedure Rules of SPP) refines this rule from the perspective of legal interpretationto shape this system. However, necessity review of detainment after arrest is still few inpractice, the applicable rate of system is very low, and rate of detainment is still high and thesystem is still needed to be improved. This paper first introduces the theoretical basis ofnecessity review of detainment after arrest system, describes the practical environment of thissystem and analyzes progress and disadvantages of new criminal procedure law andregulations of Criminal Procedure Rules of SPP in system as well as the difficulties injudicial practice. Based on these, suggestions and measures in allusion to the improvement ofnecessity review of detainment after arrest system are put forward.The first part is concerned with the basic theory about the necessity inspection system ofafter-arrest detention. A brief introduction of the system is also made while the features of thedetention in terms of relief and litigation supervision are also analyzed so as to extend into itstarget function, namely the guarantee of human rights, the restraint on the use of power aswell as the timely correction. Therefore, the theoretical basis and major goal of the systemwill be fully realized, which will also provide the theoretical support for the analysis andimprovement on the necessity reviewing system of after-arrest detention.The second part aims to study the practical implementation of the necessity inspectionsystem of after-arrest detention in three aspects. Firstly, an introduction of the background ofthe system is made so as to elaborate on the limited capacity to meet the requirement, the lackof relief measures and the trial projects in many places before the establishment of the system.In order to provide support for the improvement on the system, this paper has also made ananalysis on the necessity and the whole process of establishing the system.What is more, this paper has also discussed the effect of new criminal procedure lawand its inspection rule on the establishment of the system from different angles. On one hand,the progress made by the new criminal procedure law has been recognized. On the other hand, its shortcomings, such as the partial attitude of the inspector, the instability of initiation modeand the excessive administration during the inspection, have been also pointed out so as to laya solid foundation for the improvement and detailed analysis of the system. Lastly, moreefforts are also made to investigate the implementation of the system. In order to furtherimprove the system, this paper also tries to analyze the difficulty in initiating the procedure ofthe necessity inspection in terms of assessment system, alternative measure and legalconception.