The Perfection Of The Necessity Of Custody Review System After The Arrest

The criminal procedure law has been called "small constitution", and it can be seen that it plays an important role in the protection of human rights. Can be in practice "heavy blow" light protection "idea has been occupying a dominant position, which makes" extended custody""high rate of detention" phenomenon has existed for a long time, especially after being arrested, there is no relevant system to criminal suspects and defendants in after the arrest for assessment and regulation. The reality is that after the arrest of the case facts may change with a deeper understanding of the investigation organs in custody people in or and the relationship between the victims are likely to lead to the detained person does not need to continue to detain, so to build after the arrest of the detained person was once again review system is very necessary, fill the loopholes in the legal system, protect the detainee’s legitimate rights and interests of. The article 93 of criminal procedural law has set up the process of detention necessity review after arrest, which makes the necessity to review the detention is the legal foundation for is the revised criminal procedure law is a major bright spot, after the arrest of detention review the necessity of procuratorial organs, to strengthen the procuratorial organs for the oversight functions of the procedure, also is the guarantee in custody of the responsibility of the legitimate rights and interests of the submitted to the procuratorial organs.The criminal procedure law only uses a provision to carry on the principle stipulation to the process of detention necessity review after arrest, lacks the operational characteristic in the practice. Then the Supreme People’s court, the Supreme People’s Procuratorate are introduced the relevant judicial interpretations of the provisions were refined, especially of the Supreme People’s Procuratorate of the "people’s Procuratorate rules (Trial) "and the necessity to review the system for detaining and arrest made detailed provisions, so that the system can use in practice, but as a newly established system. Around the procuratorial organs are in exploration and experiment, in order to can mature established after the arrest of detention necessity to review the system still in many places need to be improved and enhanced. So how to proved the system, make the system can in practice play a role is a problem need to be solved, based on this, the author hopes through this article to the our country’s detention necessity to review the system of perfect put forward their own opinions and views. This article mainly from five aspects to study the detention necessity review system:The first part is a general overview of the system. This paper mainly introduces the definition of the necessity of detention and the characteristics of the necessity of detention, and then expounds the important role of the establishment of the system for the practice of custody in our country.The second part is the study of the necessity of the extra territorial custody. Select the civil law and common law countries, a typical representative of France, Germany, the United States, Britain, and introduces the relevant procedures of the four countries’ detention necessity review system. The foreign countries have established the system of necessity review of detention earlier, and it can provide some references for the detention necessity review system of our country.The third part introduces the main body of the necessity of custody review system. Whether in theory or in practice for detention necessity to review the system of subject of research and debate the most, the advantages and disadvantages of the author through the study different modes of review of the existing, trying to review subject construction of more reasonable.The fourth part introduces the standard of the system of the necessity of detention. "procuratorate rules (Trial) "specified does not need to continue the detention of eight kinds of situations, but in practice the use of more need for quantitative requirements, the establishment of a necessary review of standards and evaluation system for transformation of qualitative rules.The fifth part introduces the procedures and rules of the system of detention necessity review. Mainly from the examination of the start, the scope of the review, the way of the review and after the review of the right relief system in four aspects of the analysis of the existing problems, put forward their own useful suggestions.