Research On The Allocation Of Custody Examination Power In China

Referring to the term "detention" in the criminal procedure law of our country,the attention of the academic circles on the right of detention has gradually increased.However,there is no independent procedure in the detention of our country.The limitation of the freedom of the criminal suspects and defendants is extended from the stage of investigation,which is far longer than the country under the rule of law.In addition,the right to detain in our country is dispersed at different stages and is held in different organs.Such censorship is always a self supervision.Under the background of lack of timely and effective relief,China’s detention rate has remained high for a long time.After 2012,the detention check became the right to check after detention,and it was allocated to the procuratorate,which still did not achieve good results.By exploring the allocation basis of the country under the rule of law and the existing problems in our country,it will be found that the custody review right of our country is more suitable for the court,and it is necessary and feasible.However,it is reasonable to give the Procuratorate on the basis of the current situation in China,so in order to solve the problem of the serious infringement of the right of all persons in custody in the custody review,it is necessary to clear the period of detention slowly,strengthen the restriction of external power and improve the relief mechanism.But from a long-term perspective,the allocation of detention review authority to the court will be an inevitable result.This article is divided into four parts:The first part introduces the research of detention review right,mainly for the subject of censorship.Through the analysis of the research review at home and abroad,using different research methods and research ideas,excavating the innovation point of this article is from the subject of the review,and put forward a simple and easy operating means.The second part mainly introduces the concept and nature of detention review right.Starting from the concept of detention,it is clear that detention in China is the extension of detention and arrest,and there is no independent detention procedure.The right of custody review in our country is scattered in different organs.After 2012,the scope of the custody review is limited,and the power is allocated to the procuratorate,and the right to review the detention is considered as a right ofsupervision in our country.The third part mainly introduces the current situation of detention review right in China.The self-determination and self supervision of the detention,the self approval and self supervision of the arrest by the procuratorial organs and the internal administrative examination and approval of the court in the trial stage are the key factors for many problems in the detention of our country.The fourth part detailing the disposition basis of detention review right and the existing problems in China.Through the analysis of the extraterritorial power of custody review,it is proposed that the basis of the allocation is to introduce the litigation model in the review,the scope of the review should start from the detention of the investigation stage,and the timely and effective relief measures should be exercised.By contrast,we found that the allocation of detention review rights in our country is not only out of line with the law,but also exists in doubt about the neutrality of censorship.The fifth part analyzes the rationality of the allocation of the detention review power to the court and the temporary allocation to the procuratorate.In accordance with the requirements of the development of a country under the rule of law,the right of detention review should be allocated to a neutral judge,so as to achieve neutral review.And this configuration is analogous to the birth of supervisory organs in China,which is feasible.But in our country,the procuratorate exercises the right of custody to supervise the other organs to be reasonable,and on the whole,it can restrict the power by power.At the same time,it helps to solve the problems in the custody review.From the perspective of the development process of civilized society,the allocation to court is still the inevitable result.