An Empirical Study On The Necessity Of Detention In S City

The power to decide on pretrial detention has always been enjoyed by the procuratorate.Since the founding of the People’s Republic of my country,there have long been such bad judicial phenomena as arrests for suspected crimes and detention until trial.In order to solve this problem,my country formally wrote the detention necessity review system into the Criminal Procedure Law in 2012.The establishment of this system clarified that the prosecutors should assume the necessity of detaining criminal suspects and defendants in the course of criminal proceedings.Responsibility for review.To a certain extent,it provides strong institutional support for the detention process.In addition,it also provides judicial guidance for reducing the detention period.So far,the system has been implemented in S city for 8 years.During its implementation,this system has a positive effect on the protection of the rights of criminal suspects.However,at the same time,the author uses 9 basic-level prosecutors under the jurisdiction of S city as a sample,and investigates recent studies in S city.4 years of detention necessity review work related data,and at the same time interviews with judicial staff such as the S City People’s Procuratorate,District A,District B,and City I People’s Procuratorate,the case management department,the arrest and prosecution department,and the criminal enforcement prosecution department.The detention is necessary There is a systematic and comprehensive understanding of the implementation of the review system in City S.Through empirical research,it is found that the detention rate in the process of detention necessity review work in S City has not been substantially reduced,the litigation structure is unbalanced,the review work is affected by the undertaker’s awareness of risk avoidance,and the detention necessity review work has not been fully carried out.This article will analyze the status quo of the investigation and use a combination of statistical analysis and individual interviews to find out the problems.Based on this,the author will give the author’s suggestions for improving the review of the necessity of detention in City S.The author analyzes the review of the necessity of detention in S City from the following four parts: The first part of this article is the introduction,and the reason and significance of the selected topic are pointed out in the module of the necessity of detention review system for the protection of human rights in China.Significance;the current status of domestic research module firstly introduces the research that has been carried out in the academic and practical circles on the necessity of detention review system;secondly,it explains the views formed in the research,such as knowing that under the guidance of the concept of human rights protection,it is clear The principle of proportionality that should be followed in the review of the necessity of detention,and the current academic research on the necessity of detention is still controversial,that is,the dispute that the power of detention review should belong to the court or the inspection agency;finally,the research still exists Insufficiency refers to the three modules that prove that there are gaps in the specific construction of the rules during the operation of the detention necessity review system and other shortcomings.The second part is the investigation data of the necessity of detention of the procuratorial organs of S city.From 2017 to 2020,the data of the necessity of detention of the procuratorial organs of S city from 2017 to 2020 are analyzed based on the data and interview records.Organize and analyze the current status and characteristics of the application of detention measures in criminal cases in City S.These data provide sufficient information to support the problems related to the review of the necessity of detention in City S and the countermeasures.The third part is to analyze the existing problems in the current work related to the review of the necessity of detention in S City: the impact of the high detention rate in City S,insufficient participation of the defense,and uncertainty in the risk of accountability on the undertakers,and the necessity of detention The four modules were not fully developed for analysis of review.The fourth part is based on the first three parts,and combined with the actual situation of the detention necessity review in S City,proposes some ideas for improving the detention necessity review in S City,specifically including the case-handling agency changing the concept of presumption of guilt and optimizing the necessity of detention Review litigation structure,improve review risk assessment and follow-up supervision mechanisms,grant parties the right to apply for reconsideration and review,use information technology to explore quantitative assessment methods for review,strengthen business training and increase the proportion of review of the necessity of detention.