Research On The Perfection Of The Necessity Examination Mechanism Of Post Arrest Detention In China

From the judicial practice in China for many years,"enough that capture","a catch in the end,a charge in the end lead to high rate of detention,is prevalent in the criminal procedure in our country,this situation and China's current judicial philosophy,law enforcement and judicial environment resources etc.is inseparable.In order to solve the decided not to charge a long,high rate of custody and other issues,in 2012,China's new criminal law was added to review the necessity of detention after arrest mechanism,then,in 2013," the people's Procuratorate rules of criminal procedure(Trial)",2016," the people's Procuratorate shall review the necessity of detention cases(Trial)" of the regulations were to review the necessity of detention after arrest mechanism subject to review,review,review procedures,review the results and other aspects,aims to respect and safeguard human rights,strengthen the legal supervision of procuratorial organs,promote the concept of custody from " and end " to change " the necessity of custody,protection of criminal suspects and defendants the legitimate rights and interests,is the progress of China's criminal justice.But the necessity of detention after arrest review mechanism as a new system,the lack of legislative provisions on the need to further improve the judicial practice also exposed some shortcomings,need to be solved in theory and the entity,in order to give full play to the legislative purpose of the system.This paper review the necessity of detention after arrest mechanism,main body is divided into 3 parts.The first part starts with the basic theory of the necessity of detention review mechanism in China after the arrest,detention and arrest based on defining the related concepts,the meaning and the necessity of detention system and other aspects of nature are briefly analyzed,finally expounds the theoretical basis and legislative status of the establishment of this system.The second part analyzes the problems and difficulties encountered in the implementation of the necessary censorship mechanism of arrest detention in our country in the concept level,system level,security level and the difficulties encountered,which paves the way for the improvement of the following assumptions.The third part puts forward suggestions to improve the system,including giving full play to the function of the subject of the review,building a complete and efficient review procedure,and establishing and improving the supporting mechanism.