Research On The System Of The Necessity Of The Detention Of The Procuratorial Organs In Our Country

Along with the social progress and development, the rule of law concept has gradually thorough popular feeling, with the rise of human rights theory, people concerned about the rights of criminal suspects, defendants, also gradually from custody after the guilty verdict effect execution phase shifted to a guilty verdict effect pending custody in front of the stage. Trap "in the end", "a bet", the phenomenon such as "sin that capture enough" is the norm in criminal proceedings, at the same time, the judicial practice, there are a lot of detention, for a long time and not definitely, the phenomenon such as high rate of custody, the image and the authority of law of justice in China caused a great damage, theory and practice of detention necessity censorship the call for "into" the rising. New revision of the criminal procedure law in 2012, on January 1, 2013 implementation of the people’s procuratorate criminal procedure rules(try out) \ "and on January 13, 2016 by the people’s procuratorate necessity in examining a case for custody regulations(try out)\" from custody need to review the main body, methods, contents, procedures etc. Definitely established the necessity of custody pending review system, to strengthen the legal supervision function of procuratorial organs, to protect the legal rights of the criminal suspect or defendant has very important significance. From the current situation, necessity custody censorship in the judicial practice attempt has achieved good results, but at the same time also highlights the problems. If not these problems properly solve in theory level and physical level, then necessity will restrict custody censorship play its proper role in the judicial practice, and even will deviate from the original intention of the system design.Therefore, this paper discussed the need for custody the basic theoretical issues of censorship and necessity in custody censorship concept, attribute and realistic necessity, on the basis of in-depth analysis, this paper expounds the necessity in custody censorship in respect and safeguard human rights, strengthening the legal supervision, improve the efficiency of litigation, to perfect the custody system four aspects of value. Through to the main countries of two important legal systems in custody system comparison and analysis of the necessity of censorship, sums up the major countries of two important legal systems detention necessity commonness and difference of censorship. Through to the procuratorial organs of custody status of the need for censorship analysis and Reflection on China’s judicial practice custody the need for censorship review department status is not neutral problem, start procedures are not sufficiently detailed and review the content of the problem is not clear that responsibility confusion and detainees lack of right relief. Finally, to perfect our custody the need for censorship is the focus of this article. The author of the need for censorship of custody in our country at present and problems as the breakthrough point, combined with the relevant laws and regulations, improve the custody need review their own system of building and perfecting necessary safeguard mechanism two aspects put forward their own ideas. In perfecting the system of custody need review their own level, strengthen the system construction of the subject of examination, establish a regular review mechanism, standardize the procedures of examination start-up, both the main passive examination, refined, examination rules, establish a comprehensive risk assessment mechanism, establishing the mechanism of evidence examination, science to determine the burden of proof, establishing the system of review reasons things out, the implementation of the five aspects elaborates the relief rights. In perfecting necessary safeguard mechanism level, mainly from the actively explore alternative measures of custody, scientific implementation of performance evaluation mechanism, establish a sound mechanism of communication and coordination with relevant departments, to set up the prevention and control system of custody, enhanced normative law enforcement authorities and the concept of the rule of law in five aspects.