Detention Necessity Censorship Research

In China's criminal proceedings,detention is not a statutory independent coercive measures,but an certain status of criminal detention and arrest.The review of the necessity of detention refers to the need for the People's Procuratorate to review the necessity of continuing detention of the suspects and defendants in custody and to propose a system for the release or alteration of coercive measures when there is no need for continued detention.The establishment of the necessity of censorship review system can better monitor the effect of "arrest instead of penalty" phenomenon,at a certain extent it has its Important practical significance to solve the problem of prolonged detention and illegal detention,save the judicial resources and protect human rights and strengthen the supervision function of the procuratorial organs.As the "Code of Criminal Procedure" of our country has only stipulated the principle of censorship,so that some of the provisions are too vague,and the review of the subject,the scope of the review,the scope of the review,the review period,etc.are not clear.In this regard,despite the fact that the revised Code of Criminal Procedure of the People's Procuratorate(Trial)on the issue of the above-mentioned issues has not been adequately addressed,the question of the adequacy of the operability is not effective,Did not get full play.Therefore,it is necessary to carry out in-depth analysis and research on the relevant problems in the system of the necessity of detention in criminal proceedings and its application,and put forward the countermeasures to further improve the system of the necessity of censorship in China and solve the relevant problems in the application of the system.This paper is divided into four parts to analyze the necessity of censorship system.The first part mainly analyzes and discusses the basic theory of the necessity of censoring system,including the concept,characteristics and the basis of the existence of the system of detention necessity And meaning.The second part mainly studies the legislative system and the system standard of the existing censorship review system at home and abroad.On the basis of analyzing and comparing the domestic and foreign system differences,the author discusses the beneficial experience of the system of the necessity of foreign detention The Enlightenment of Further Perfecting China 's Detention System.The third part mainly discusses the necessity of the detention in our country through the introduction of the evolution and development of the system of the necessity of detention in China and the provisions of the People's Procuratorate promulgated by the Supreme People's Procuratorate for the examination of the necessity of detention in China.Review the existing problems in the process.The fourth part mainly aims at the improvement and improvement of the defects of the system of the necessity of detention in China.