Research Of The System Of Inspection On The Necessity Of Detention

The review of the necessity of the people’s Procuratorate is to revise the new system of the criminal procedure law, the principle of the law, and leave the space for judicial interpretation and judicial practice.On how to apply the system of detention necessity review in our country, the main differences are: first, whether the establishment of the system of the necessity of custody is sufficient legal basis. Detention review the necessity of the system, how to apply, including: the suitability in all cases, or whether it will only apply to can be mitigated plot case; applicable sentence is limited to imprisonment for 3 years following cases or applied relaxation term. Three is the necessity of custody system in the judicial practice in how to implement, including: how to set up the subject of the review, how to set up the way; how to set up the examination and approval procedures; how to set up the management mode of the change of custody. Four is the necessity of custody system to review the establishment of the system of supervision and relief system, including: criminal suspects, defendants and their legal representatives, victims and their legal representatives of the right to appeal relief, public security organs, procuratorial organs should set up what kind of supervision and relief procedures.Firstly, the article makes a full demonstration of the legal basis of the necessity of custody system from four aspects: first, the necessity of pretrial detention is the necessary requirement of the principle of presumption of innocence; the two is the functional requirement of the system, and the three is the present system, which is in conformity with the theory of human rights protection.Secondly, this article from custody necessity of the establishment of censorship, a clear increase in the prosecution of the case handling department apply compulsory measures of supervision and mode of arrest, its implementation is the oversight function of the angle of the sound development of the prosecution, and introduces the necessity of the implementation of the Guangdong Provincial Procuratorate detention specific practices and successful experiences of censorship. Meanwhile, Guangdong Province, the prosecution during the judicial practice, the need for censorship discovery detention settings loopholes encountered in the implementation process to analyze the real problems; the system proposed legislation needs sentence further clarify the application of the applicable conditions Suggestions for Improvement; procuratorial organs should focus further refined in practice results in terms of the necessity of detention subject to review, and start-up mode, content, processes, and other legal instruments of the review mechanism perfect system conception. At the same time in order to avoid the abuse of the system, the risk of misuse or become rid terms, must be based on the principle of balance of powers, to give investigators the power of supervision and control department, give victims, suspects, defendants and their legal representatives and other parties have Right Relief of ways and means to prevent the need for censorship detention alienation, in order to establish a complete operating mechanism play its function.