On The Countermeasures Of Perfecting The Necessity Review System Of Detention In China

The necessity of detention review system was established in 2012,which has reached the seventh year,but there is still room for improvement in the implementation process.The main legislative purpose of this system is to implement the principle of human rights protection in criminal proceedings.This system gives the procuratorial organs new powers and functions,which is the inevitable result of the construction of a country ruled by law in our country.The criminal execution procuratorial department set up in the procuratorial organ is responsible examining cases of necessity of detention.When criminal suspects and defendants are found exist without detention,they should be examined in time,and through comprehensive evaluation and comprehensive review,procuratorial suggestions-release or change of detention measures should be put forward.Examining the necessity of detention,the good operation of this system can better protect the legitimate rights and interests of detainees.another point of view,this system can effectively enhance the effectiveness of pre-trial detention supervision of procuratorial organs.It is an effective means to change the one-time detention to the end and prolonged detention.That is to say,it can not only protect the detainees' right to personal freedom,but also save our judicial resources to a certain extent.At the same time,the continuous improvement of this system also makes the judicial behavior of the case handlers more standardized.However,in judicial practice,the implementation effect of the system is not ideal.In the procuratorial organs,there are some problems in the coordination between various the coordination and communication between procuratorial organs,public security organs and courts.The existence of these problems affects the review progress of the necessity of the operability in the judicial process and the effective application of procuratorial recommendations.Puts forward some solutions based on the overseas investigation of the system and the actual situation of our country,hoping to help improve the system and procedures,promote the better play of the supervision function of procuratorial organs,promote the change of law enforcement concepts of case handlers,improve judicial credibility and judicial authority,so as to promote the respect and protection of human rights in specific cases.They can be implemented.This paper mainly consists of four parts: first,it introduces the concept,characteristics and basic principles of the review system,emphatically discusses the relationship between the review system of detention necessity and human rights protection;second,it probes into the existing problems of the system in judicial practice and makes an analysis of the reasons.The main problems are the contents,methods,reasons and effects of the system.The main reasons are the overloaded work intensity of the examiners,the lack of rigidity of the reviewing opinions,the imperfect evaluation mechanism and the backward concepts,which restrict the implementation effect of the system.Thirdly,in view of the existing problems and reasons,the paper investigates the extraterritorial countries governed by law.How to regulate the system,starting with the application of detention and the change of the subject,the standardized evaluation mechanism,the emphasis on the participation of the parties and the relatively perfect relief measures,to explore the Enlightenment of the system in China from the relevant foreign systems;fourthly,based on the operation of the detention necessity review system in our judicial practice,to find out the system suitable for our national conditions.Degree improvement plan.Beginning with the optimization of human resources allocation,the perfection of review procedure,the refinement of review system,the perfection of alternative measures,the perfection of law enforcement concept and relief system,we can effectively enhance the effectiveness of the examination system of detention necessity and protect the legitimate rights and interests of detainees.