Rational Thinking On Improving The Examination System Of The Necessity Of Detention

The necessity of detention is one of the newly established systems of the 2012 Code of Criminal Procedure,which has been established in ensuring that the procuratorial organs are properly exercising the right of arrest and safeguarding the rights of the suspects and defendants(hereinafter referred to as detainees)Positive effect.In 2016 the new judicial interpretation of the two documents to refine the system,and further from the handling case point of view to protect the suspects,the legitimate rights and interests of the defendant for the purpose of the basic construction of the judicial facts in line with the necessity of the custody of the review mechanism The Under the framework of the current criminal procedure system,the establishment of the system of the necessity of custody is conducive to the protection of human rights,and it is beneficial to provide the basis for the legitimacy of the compulsory measures after the arrest.It also shows the procuratorial supervision function,which is conducive to saving the judicial costs and resolving social contradictions.This paper expounds the practical investigation of the necessity of detention in the case of the relevant practice of district A procuratorate,summarizes the characteristics and main practices of the case of the necessity of detention,and analyzes the reason why the system is difficult to be effective at present.On this basis,the author puts forward some suggestions on how to set up special supervision procedure,perfect the review system from multiple angles,abandon the traditional concept of detention,cancel the reverse assessment index,and rationally copy the practical experience and so on,so as to perfect and reasonable the system of necessity of detention.