On Improving The Review System For Necessity To Detention

Some cases such as extended detention,pending for a long time and high detention rate are the shackles in the process of judicial system reform in our country,and they are serious violation of the basic rights of citizens more over.The review system for necessity to detention is enshrined.The main purpose of the legislation is to implement the principle of human rights protection in criminal proceedings,and this system is the full embodiment of the progress of the rule of law in China,and amend the Criminal Procedure Law to the prosecution of the new authority.In the course of examining the case,if it finds that there is no need for detention in the detention of the detainee the procuratorial organ shall submit to the handling department the proposal of releasing the criminal suspect or the defendant or changing the coercive measures after the comprehensive examination and comprehensive assessment to protect the legitimate rights and interests of detainees in a timely manner.It can be said that the operation of the system enhances the prosecution supervision of pre-trial detention measures and the best way to solve the problem of long detention without judgment and extra-detention,and saves the justice cost.Through the continuous strengthening of the procuratorial supervision,the supervision has further broadened the examination path and has great significance to standardize the judicial conduct of the investigators,it is a further manifestation of the spirit of the constitutional human rights and can effectively prevent the recurrence of the situation of “pending without time limited" In recent years,the judicial office to strengthen the protection of human rights as the main line,full implement the work of super peoples procuratorate inspection opinions,actively explore,take the initiative,dynamic review,continue to play a functional role in the detention of the necessity of review work has achieved some success,so that the detainees themselves enjoy the legitimate rights and interests of the person has been protected.However,we should also see that there are still some problems in the implementation of the system in the judicial practice,and there are many problems in the internal cooperation and external communication,so that the speed of the work is significantly slowed down,the operability and applicability greatly reduced.Author compares the operational aspect of necessity of detention censorship at home and abroad,aim at the burning question in operate,makes necessity of detention censorship and procedure more perfect in continuous improvement and revision,more effectively plays the supervise functions of inspection office,change the solidified thinking mode which pursue the index of handling the case of law enforcement officers,effectively improve the judicial credibility and authority and promote the implementation of the basic concept of human rights protection in China.The title of the thesis is On Improving the Review System for Necessity to Detention,and is divided into three parts:Firstly,brief summarizing the general situation of necessity of detention censorship and procedure in China,after studying and analyzing the relevant concepts of China's system,the introduction of background and other relevant specific content,then gradually find out the problems in the system operation through collecting foreign information and launching comparisons.Secondly,combines with practical work,explores the root causes of the problems in the system of the necessity of detention in China,which review subjects,principles,methods,results,relief ways and alternative measures of detention,then takes the problem to the next step improvement measures.Thirdly,by referencing the advance experience of foreign legal states,studying the connotation of the system establishment,exploring specific countermeasures of our country stand on the current reality and making sure criminal investigation and measures get match.In the progress of studying and searching,finding the most suitable improvement program for China and continuously enhance the effectiveness and operability of the necessity of detention censorship to protect the legitimate rights of detainees.