Study On The Examination System Of The Necessity Of Detention In Criminal Proceedings

In criminal lawsuit,custody,as a kind of very severe compulsory measures,is the necessary demand,Sue criminals a huge deterrent on the defendant and the criminal suspect,also can cause serious violation,the so countries carried on the strict laws to control both for custody.For a long time,Chinese lack of effective control of detention resulted in relatively high incarceration rate in China.In 2012,in the criminal procedure law in our country increase the necessity for custody censorship rules,it also provides for the criminal suspect or defendant with certain legal relief,in order to further reduce custody,solve the problem of detention conditions laid a good foundation.,however,is relatively simple in the regulation of specific rules,without necessity of custody review subject setting,the examination time,examination way,review standards and review the content of clear definition,this is obviously in the actual judicial practice necessity for custody censorship has many don’t adapt.Therefore,in view of the necessity of custody in criminal action need focus from censorship system problems and an analysis on the deep level reason,draw lessons from the domestic and foreign relevant national regulations and practices,and actively explore the effective implementation of the necessity and practice for custody censorship path.The second part is the basic theory of censorship of custody in criminal action,the summary of the review is divided into criminal custody censorship,criminal examination and detention from two aspects,such as the evaluation research of penal custody censorship overview from the perspectives of the connotation,nature of custody criminal review,review criminal custody review focuses on the evaluation of research from reflects the pursuit of human rights value,norms related operation review process,effectively prevent illegal detention efficiency and so on three aspects.The third part is the necessity of custody in criminal action in our country current situation analysis and problem of censorship,the actual use of case(hanyang custody case case analysis),in view of the existing in the case of detained need to show that lack of independence standards,imperfect alternative measures of custody,unable to provide detention necessity review assessment mechanism delve into three questions,from the system level analysis,review results.In the process,system and practice of foreign comparison research,from the judicial idea lag,the power allocation problem,the abstract legal norms of custody censorship operation problem is analyzed.The fourth part is to perfect our country criminal review custody examination system suggestion,the suggestion mainly divides into consummates the custody necessity examination the guiding principle,consummates the custody necessity examination mechanism,consummates the custody necessity examination complete system and so on.The fifth part is the conclusion part,the conclusion was carried out on the necessity of censorship of custody in criminal action research summary,looking to part of the follow-up system to study and put forward ideas and key points.