The Study On Necessity Of Detention Censorship

In 2012,the criminal procedure law of the People’s Republic of China added a review system on the necessity of detention and gave procuratorial organs the power to supervise detention.The supreme people’s procuratorate has successively issued laws and regulations,such as the Regulations on the necessity of detention examination by the people’s procuratorate(Trial)and Guidance of the people’s procuratorate on the necessity of detention review case regulation.Though procuratorial organs at all levels have actively practiced and boldly explored to effectively safeguarding the lawful rights and interests of detainees,many problems of imperfect systems and verified standards have been exposed.This article by means of comparing the domestic and outside,the theory and practice of the method,actively learn from successful experience outside.By combining the procuratorial practice closely,this article analyses the current outstanding problems which existed in the detention necessity review and explores expanded lawsuit function of the necessity of detention.By building the Binary review entity,detailing the quantitative review method,and improving the alternative measures of detention to makes effort to promote the improvement of the system of detention necessity and implement the concept of human rights protection.