| In 2012,to change the prevalent judicial practices of keeping suspects in custody all the way from arrest to conviction,high rate of light punishment after the arrest,and ineffective protection of rights of people who are in custody,the newly revised Criminal Procedural Law of PRC introduced a regulation of necessity of detention review,and Article 620 of Supreme People’s Procuratorate Rules of Criminal Procedure added a stipulation that in reviewing necessity of detention opinions of people in custody should be taken into account.To implement those regulations,the Procuratorate piloted a hearing procedure in the necessity of detention review,which achieved successes in reducing number of petitions involving the Procuratorate and calming all parties concerned.However,quite a few problems exist in functioning of the hearing procedure of the necessity of detention review,such as unwillingness of parties concerned and low quantity of hearing cases.Author of this thesis intends to take necessity of detention review hearing cases conducted by Fengxian District People’s Procuratorate as samples,analyze problems encountered in the necessity of detention review hearing procedure and their causes drawing upon definition,characteristics and significance of the hearing procedure,and put forward advices to solve these problems.This thesis is an empirical study of effects of the necessity of detention review hearing procedure,which is unfolded in four parts.The first part is a definition of the necessity of detention review hearings procedure,an analysis of its difference in characteristics and significance from other hearing procedures,and an introduction of the review process and legal basis,which lays the theoretical foundation of this thesis.The second part is,based on a thorough and in-depth research on this hearing procedure cased conducted between 2013 and 2015,an examination of the characteristics of those cases and analysis of operations and effects.The third part is,on the basis of present situation analysis,a discussion of causes of and solutions to the problems encountered in this hearing procedure.The fourth part is,centered around existing problems,a suggestion from the author on how to perfect this procedure on the perspective of legislature and justice. |
