The Realistic Difficulties And Solutions Of The Review Of Custody Necessity After Arrest

The criminal procedure law revised in 2012 established the review system of custody necessity in China,which is of great significance in strengthening the supervision function of procuratorial organs,the protection of human rights and the reducing of improper custody.Subsequently,the Supreme People's Procuratorate issued a series of judicial explanation of improving and refining the review for the necessity of custody.Although review system of custody necessity in China ensures the implementation on the principle of the respect and protection of human rights in the coercive measures in China,the results of the review on the necessity of custody in judicial practice are dissatisfactory.This paper mainly studies the review system of custody necessity from three parts,as follows:The first part mainly outlines the review system of custody necessity.This paper states what the review system of custody necessity is and its significance and value based on the concept and current situation of custody and the reality of "arrest integration" in China.By comparing the Anglo-American Legal System and the continental law system with China necessity of custody review system,this paper finds out the gap and deficiency.The second part is a brief analysis of the disadvantages and deficiencies of the review system of custody necessity.On the basis of China current laws and judicial interpretation and other provisions on the necessity of custody system,this paper analyzes the disadvantages and deficiencies of the investigation of the necessity of custody in judicial practice,such as the obsolete law enforcement philosophy,the unestablished policy system and the incomplete alternative compulsory measures of custody.The third part is the conceiving and suggestions of consummate the review system of custody necessity.For the second part describing the various disadvantages and deficiencies,this part states the thought of construction and consummation of review system of custody necessity from six aspects,such as the establishment of the law enforcement philosophy of protection of human rights,the establishment of scientifically reasonable institutional system,enhancement of internal cooperation,and exploration of external coordination,etc.The paper hopes that the review system of custody necessity can produce the original idea of the legislation,and have more operability in judicial practice,and show more effect and value.