A Comparative Study On The Necessity Of Censorship In Custody After Arrest

The necessity of detention is reviewed by the legality and necessity of the arrest of the suspect in custody after a dynamic review and correction of the system at any time,the system can prevent the state public power from violating the legitimate rights of the criminal suspects,and it plays a very good role of limiting the existing problem of extended custody in the judicial practice.The necessity of detention and censorship has well established for a long time in the national legislation of the rule of law,but it has just established in the revised criminal procedure law of china in 2012,and the legislation is not perfect. This paper tries to learn lessons from the experience of legislation in foreign countries on the basis of the review of the necessity of detention,it integrates the current situation of our country’s legislation and judicature,then put forward the problems of the necessity to review the system of detention after arrest in china. At the same time,some reasonable suggestions are raised for the existing problems. So,this paper tends to total score three parts to explore the relevant issues of the necessity of censorship custody after arrest.The first part mainly introduces the basic overview of the necessity of censorship custody after arrest. It mainly contains the concept,characteristics,nature,theoretical basis and the practical significance of the system that solves the problems of our country’s judicial practice. Then elaborates the legislation of the system of the necessity of detention after arrest,and analyzes the operating conditions of the system since it has been established in the country,releasing the issues of legislation and judicial practice in china.The second part is the comparative study on the necessity of detention outside the rule of law censorship. By introducing the system of the relevant countries,for example,the reviewer of the system,review procedure,detain deadline and relief ways four aspects of legislation,it bases on the situation of our country and learns from the suitable experience of foreign countries to improve the system of the necessity of detention after arrest.The third part is the specific measures of improving our system of the necessity of detention.In view of the problems existed in the operation of the system in our country,on the basis of learning the experience of foreign countries,and puts forward the suggestions of improving the system. The main suggestions on the clear necessity of detention after arrest censorship reviewer,the scope and focus of the system,enhance the execution of procuratorial proposals,improve the remedy and the related supporting mechanisms of the system.