Study On The Survey Of The Necessity Of The Detention After Custody

Before 2012, the criminal procedure of our country widespread"arrest and custody in one", "to capture the generation surveillance", "a trap in the end, the normal phenomenon, a serious violation of the detainee’s legitimate rights and interests. Therefore, in China by the revision of "Criminal Procedure Law", authorize the procuratorial organs after the arrest detention review the necessity of responsibilities,to capture and detain the proper separation of lawsuit, so as to effectively prevent unnecessary charge detention, extended detention phenomenon. At the same time, the Supreme People’s Procuratorate has to make the judicial interpretation of the system, to guide judicial practice. However, as a result of the common function and influence of each factor, the necessity of the system of detention after arrest is a new system, or there are some problems that need to be further standardized.In view of this, this article takes the necessity of the Huaihua procuratorial organ to carry out the post arrest detention as an example,and studies the method of visiting, data statistics, consulting documents and so on.On the basis of the basic situation of the necessity to review the detention, the paper analyzes the problems in the legislation and the judicial practice, and puts forward some suggestions to improve the necessity of the post custody detention.Innovation of this article is through the on-the-spot investigation Huaihua City prosecutors after arrest detention review the necessity of,the combination of the latest edition of the people’s Procuratorate for detention Review Cases Provisions "to seek the views of the notice, the detention, the necessity to review the recommendations from their own ideas, so that the extended custody and unnecessary detention phenomenon reduced or even disappear.