Research On The Hearing Procedure Of The Review The Necessity Of Custody

As a kind of compulsory measures in criminal procedure, detention and arrest directly the suspect bring the defendant in custody directly, and there are no independent custody period in our country, custody period depends on the duration of the case, suspects and defendants were frequently in a long period of custody after being arrested. In order to resolve the problems such as "non-release detention" and "extended detention", the Criminal Procedural Law revised in 2012 has established the review of the necessity of custody on the basis of drawing lessons from the related theories and systems of the western countries. With the advance of the criminal procedure, the facts and the evidence of the case, the necessary conditions of arrest may be changed.Such as finding out there are no relationships between the case and the criminal suspects, them may also have these situations like meritorious service, compensation etc as leniently punished or mitigation of punishment, and changes of social risk assessment conditions that stop being custody will not lead to social risks.compensation can be lighter or mitigate punishment plot and social risk evaluation conditions change, do not continue to custody does not lead to social risk of,the emergence of these cases makes The suspects and defendants whether needed to be in custody should examine and judge again.Although the criminal procedure rules of the People’s Procuratorate (Trial) have been refined to the system,there are still many problems in investigation subjects, the way of investigation, the investigation standards and the results of the investigation.While the national range of custody rates have been declined,the operation effect of the system have not been the ideal height.In order to solve the practical problems in procuratorial work, and promote the reform process,the Supreme People’s Procuratorate issued the "people’s Procuratorate for the need to review the provisions of the detention (Trial)" to constitute uniform standardization. And public review is the first introduction in the review of the necessity of custody.Public review is a procedure that procuratorial authority make a decision on whether to release or change mandatory measures after hearing opinions of all parties on whether the suspects need to continue to be in custody.The introduction of hearing procedure can effectively improve the lack of procedural defects in the criminal custody review that exists in our country for a long time,closer to the western mode of judicial review, while maintain the legal supervision of the procuratorial organs of the main status, these are effective improvements on the review of the necessity of custody.However, as a new procedure, the current domestic discussions on the review of the necessity of custody hearing procedures are mostly focused on the functional analysis, theoretical basis and specific operating procedures are very lack of discussion.And the full reason analysis, the thorough theory elaboration, the mature environment foundation, the clear system design and the good procedure plan is a system to be able to complete all links,so the paper discussion along why hearing procedure is introduced in the review system of the necessity of detention? What is Its theoretical basis? How it to promote the necessity of detention review system to play a role in promoting?are there mature condition to set up this procedure at present in our country? How to build a specific program. The first part of this paper is to analyze the related concepts of the review of the necessity of custody, for the text of the key to clarify the misunderstanding on the concepts;The second part is based on the current operation situation of the hearing procedure in the criminal proceedings; The third part respectively from the theoretical basis of detention review system and hearing procedure two seek common values, from the structure of the hearing procedure of the in the custody of the need for censorship function should function to demonstrate legitimacy basis of review on the necessity of hearing procedure in custody, and from the present situation of the operation of hearing procedure in the our country in the field of criminal justice starting with the analysis of the necessity of detention review to take the environmental status of the hearing, to investigate whether there is a possibility of running the environment;The fourth part puts forward some feasible suggestions on the construction of the hearing procedure.