Study On The Detention Inspecting System After Arrest

According to Clause 93rd of Criminal Procedure Law, investigating and prosecuting apparatus shall inspect the necessity of detention after arrest, i.e. detention inspecting system after arrest is established. This system solves the existing detention problems in a long time, including vague definition between term in custody and deadline for handling a case and detaining that exceeds the due time. It is of importance to avoid extended detention and improper custody and guarantee human rights of suspect and defendant. In order to make the system operable, supreme people’s procuratorate refines this system in aspects of adscription, starting mode and content of inspection power from the necessity of detention in the lawsuit regulations of procuratorate. Investigating and prosecuting organs all over the country have successively issued the policies about the implementation of detention necessity inspection after arrest. However, due to lack of necessary support from theory, juridical practice cannot form a unified and concrete working mechanism and different regions have different modes to do inspection and even come into conflict. For this purpose, it is necessary to analyze the bottleneck that confines the operation of the system and propose suggestions on improving the working mechanism and its supported system, by furtherly describing the connotation, theoretical foundation, nature and meaning of detention necessity inspection after arrest.