Improvement Of The Necessity Of Custody Review System In Our Country

The detention limits the freedom of the suspects.The detention is a very strict coercive measures.If you use the detention in a wrong way, it will damage the legitimate rights and interests of the suspect.There is no clear stipulation in the criminal procedure law of our country.The custody has not been determined the legal status in the criminal procedure law of China. Our country's custody is one kind of sustained the detention state after the suspect arrested by the police.When the suspects were in custody,their personal freedom is limited and their rights are easily infringed.The investigation organ often take the illegal torture to extract confessions of the criminal suspect in custody for obtaining evidence and confession.Greatly damaged the authority of the image of the judiciary.Hot issues and high rate of detention in our country has been widespread concern of extended detention.In order to change China's prolonged detention, the bad state of detention, protect the lawful rights and interests of the detained persons.The new criminal procedure law ninety-third provisions,After the suspect and the defendant arrested by police,the people's procuratorate should review the necessity of the suspects in custody, if there is no need for the suspect in custody after the review,A suggestion should be made to the relevant authorities to release the suspect or to change the coercive measures for the suspect's change.The relevant authorities should handle the suggestion made by the people's procuratorate in time and should inform the people's procuratorate within ten days.The detention necessity review system is established by this way.But it is too simple and principle.Compared with foreign advanced detention system,the system of the necessity of detention in China is still have problem.In the performance of the application of the system of the detention system, the application of the application, the application of the time limit for custody, the examination procedure,the place of detention, and the judicial remedy.Due to the shortage of the system, thesystem can not get good application in the judicial practice.Based on the above reasons,find out the detention system necessity to review the existing problems of our country's, found the advantages of the pretrial detention system in the foreign countries,combined with the actual situation of our country, make feasible the necessity of detention review system.This paper mainly consists of the following four parts:The first part, mainly discusses the related concepts of the necessity of detention system, the necessity of the detention system, and the function of the necessity of detention system.The second part,mainly introduces the system of detention necessity of France,Germany, Britain and the United States, and through the introduction of foreign advanced system, concludes some enlightenments.The third part, mainly of custody in China the necessity of censorship in the new law after the implementation of the judicial status and the system itself are discussed. It is pointed out that the system itself and implementation process, and analyze the causes of the problem.The fourth part,suggestions for how to improve the system, mainly from the subject, review the start, review the standards, content and so on.