Research On The Review System Of The Necessity Of Detention

In China’s judicial practice for many years,there has long been the phenomenon of "arrest if the crime is enough",the lack of consideration of the actual necessity.As a result,detention rates remain high.First of all,it violates the international practice of pre-trial detention with bail as the main part and detention as the secondary part,and the provisions of relevant international law documents,and does not accord with the spirit of judicial modesty.Secondly,the high rate of pretrial detention does not conform to the evolution of the criminal policy from "striking hard" to "tempering leniency with severity".It violates the basic human rights of detainees and is not conducive to their education and reform.The above phenomenon highlights the alienation of the function of arrest,which reflects that arrest has not been strictly restricted for a long time.This paper mainly studies the necessity review system of detention in China.It is divided into three aspects,the specific content is as follows:The first part is an overview of the review of the necessity of custody.Through expounding the basic concept,strengthen the cognition of the examination of the necessity of custody.According to the review of the necessity of detention stipulated in Article 93 of the Criminal Procedure Law of our country,this paper analyzes the theoretical basis and significance of the review of the necessity of detention,and makes it clear that the review of the necessity of detention is the actual demand to reduce the high rate of detention and protect the personal rights from being harmed.The second part discusses the shortcomings of the review system of the necessity of detention in China.For example: the detention necessity review subject neutrality is insufficient,the detention necessity review standard lacks clarity,the lack of effective supporting measures and other problems,the analysis does not adapt to the contemporary legal society and then produces the detention period is too long phenomenon.In the third part,for the difficulties and drawbacks in the implementation of the detention review system,relevant optimization strategies are put forward,that is,changing the concept of judicial case handling,refining the relevant provisions in the review process,and establishing the procuratorial suggestion relief mechanism.The human rights of criminal suspects and defendants shall be protected to the maximum extent.In practice,the Application of "electronic bracelet","unruly code" App and other technological means is promoted to respond to various problems existing in the detention review work.