On The Perfection Of The Review System Of The Necessity Of Detention In China

Article 93 of the revised Criminal Procedure Law of 2012 provides for a new litigation system-Review System of Necessity of Detention.The establishment of this system indicates that the examination of the necessity of detention is included in the supervision of lawsuits,The system aims to adjust compulsory measures in time according to the relevant evidence materials in litigation activities and the changes of the situation of the criminal suspects and defendants,To protect the personal rights and interests of detainees.On January 1,2013,the amended Criminal Procedure Law was formally implemented,It marks that the procedure of examining the necessity of detention has undergone more than twenty pilot explorations by local procuratorates throughout the country.The purpose of this study is to make the necessity of detention review system more standardized and more operational,so that the system can play its role in judicial practice.This article is discussed into four parts: The first part summarizes the censorship necessity review system,focusing on the related concepts of custody necessity review,the theoretical basis of the system,the legislative background,the legislative status quo,and the legislative progress and limitations.The second part examines the operation of the national and municipal custody necessity review system through statistical analysis methods,and analyzes the characteristics of the system operation and existing problems in combination with the investigation.The third part.It points out the deep-seated reasons why the system can not be effectively implemented,such as the unchanged judicial concept,the imperfect supporting mechanism and so on;The fourth part puts forward some suggestions on the improvement of the examination system of the necessity of detention.This paper puts forward some ideas for perfecting the system from four aspects: refining the legal norms,standardizing the review procedure,changing the judicial concept and law enforcement environment,and improving the supporting measures.