Research On The System Of Examining The Necessity Of Detention

Detention is a restriction and deprivation of personal freedom and should be applied with restraint.In China's judicial practice,there has been a long-term phenomenon of "convict and arrest".The widespread use of unresolved custody has become the norm in criminal proceedings,and it violates the basic spirit of the proportionality principle of compulsory measures in criminal proceedings.The Criminal Procedure Law(amended in 2012)established a review system for the necessity of detention after arrest.In 2016,the Supreme People ' s Procuratorate adopted the “People's Procuratorate Provisions for Handling Necessity Examination Cases for Detention(Trial)” to implement the principled detention necessity review system into specific procedures.The improvement of the custody necessity review system is of positive significance for guaranteeing the legal rights of detainees,maintaining social fairness and justice,and promoting the progress of the socialist rule of law.After introducing and discriminating the concept,theoretical basis and related concepts of the review of necessity of detention,the main framework of the system was examined with the subject of review,review methods,relief channels,and the results of the review.The aspects of neutrality,diversity of relief channels,and compulsory review results are worthy of reference for China.After studying the text rules of the custody necessity review system in our country and investigating the actual operating conditions,it is found that the system itself has the problems of insufficient neutrality of the review subject,written review methods,incomplete review remedies,and lack of compulsory review results.The data shows that in the operation of the custody necessity review system in our country,there are problems of arrest instead of custody alternative measures,and the custody necessity review rate is too low.In response to the above problems,we strive to improve the system itself by strengthening the neutrality of the review subject,adopting a litigation review method,establishing a remedy channel,and making the review results mandatory.At the level of practical operation,the quality and effectiveness of the system will be improved through measures such as increasing the application rate of alternative measures in detention and the proportion of reviewing the necessity of detention.