On The Review Of The Necessity Of Pretrial Detention

Because our country adopts the mode of integration of arrest and detention,the examination of the necessity of pretrial detention in China should include the examination of the necessity of pretrial arrest and the examination of the necessity of pretrial detention after pretrial arrest.After the integration of arrest and prosecution,the new and old problems of the system are superimposed,so the system should be improved.In order to enhance the neutrality of the examination subject,it is necessary to realize the separation of the function of the examination of the necessity of pretrial detention from the function of the public prosecution,the moderate separation of the two-stage examination subject,and the separation of the function of litigation from the function of supervision.In order to realize the moderate litigation of the examination procedure,it is necessary to improve the unilateral hearing procedure,clarify the scope of the hearing review,reasonably construct the hearing procedure links,and promote the substantive participation of defense lawyers.In order to promote the objective examination of "social danger",it is necessary to improve the quantitative evaluation mechanism,separate investigation from review,change the litigious concept of the examination subject,improve the legal system of obtaining bail pending trial,and reasonably construct the assessment and accountability mechanism of examination.In order to improve the system of of proof rules for the necessity review of pretrial detention,it is necessary to clarify the burden of proof,object of proof,standard of proof and method of proof.In order to enhance the effectiveness of the examination results of the necessity of pretrial detention after pretrial arrest,it is necessary to reasonably specify the nature of the examination power,improve the information collection and sharing mechanism of the examination of the necessity of pretrial detention,and correctly apply the principle of mutual cooperation and mutual restriction between the public security organs and procuratorial organs.In order to improve the relief system of examination,the prosecution and the defense should be fully given the right to relief the results of the two-stage of the necessity of pretrial detention.