The Study On The Review Mechanism Of The Detention Necessity

Detention is a kind of compulsory measures, restriction of personal freedom to its setting the purpose is to ensure the effective of the proceedings, but in the protection of the proceedings at the same time to ensure that the criminal suspect’s human rights from infringement, so compulsory measures can not be arbitrary arrest apply, there must be a necessity, so how to review the need for arrest is the core content of arrest. Arrest necessity to review, it is to point to in order to ensure the smooth operation of the procedure, combined with social risk review whether it is necessary to arrest, in the process of review to arrest the investigators to grasp human rights and limit equilibrium. It is not hard to see, we should from three aspects to review the necessity of arrest, evidence that risk condition, punishment condition and social condition, review of evidence, punishment condition is relatively easy to grasp, but social risk condition of review has certain problem, with specific qualitative and social risk factors is not unity, although the revised criminal procedure law risk condition has carried on the elaboration to the society, but there are still certain fuzziness, hold up and also has the certain difficulty, by investigators.And judicial concept of the traditional Chinese concept of case, the influence of "structural trap", "to capture detection" "to capture punishment" thought still affects the county in the review of arrest. The investigation organ in the investigation of cases often pay attention to the case facts of obtaining of evidence, and ignores the confirmed the evidence of the dangers of society. In procuratorial practice work, although review arrest necessity has become a necessarily case review, but is kidnapped by necessity is often the victim attitude. The necessity of how to perfect the arrest review mechanism, from the risk assessment, risk society investigation evidence collection way, procuratorial organs of hearing system, not reason, capture system and interrogation of a criminal suspect, the public law idea, the alternative measures of custody, scientific evaluation mechanism and other aspects, to arrest mechanism of necessity to be more perfect, run more smoothly, more conducive to find security procedure for the best balance and protecting human rights.In a word, no matter how arrest necessity review mode specific operation, examination, the necessity of the arrest to investigators have higher inner force and good service quality at the concept of justice, judicial according to the changing of the judicial practice and concrete case facts to deduce the established rules and discretion.