| In order to deal with the long-standing undesirable judicial phenomenon of criminal suspects and defendants being detained before arrest and trial,China formally incorporated the detention necessity review system into the Criminal Procedure Law in 2012.The detention necessity review system is a supplement to the arrest necessity review system,and is a more targeted and necessary legal supervision to ensure the legality of the detention method.This system is implemented under the supervision of the procuratorial authorities and aims to safeguard the rights of detainees while maintaining social justice and stability of the rule of law.An analysis of the data on post-arrest detention necessity review cases handled by the G Procuratorate from 2019 to June 2022 shows that the number of cases reviewed has been increasing year by year.At the same time,the data indicate that most cases were initiated ex officio by prosecutors for detention necessity review,and that these cases mainly involved crimes against citizens’ persons and property,with a relatively high rate of adoption of recommendations for release or change of coercive measures by the G City Prosecutor’s Office.The obstacles and dilemmas in the implementation of the detention necessity review system lie in the confusion over the functional positioning of the system,the imperfect construction of the procedures,the incomplete content of the review,and the low level of application of the system.The root causes of these dilemmas can be traced to imperfect judicial philosophy,unclear boundaries with the arrest system,lack of neutrality of the review body,strong administrative approval,lack of uniformity in review standards,lack of rigidity in prosecutorial recommendations,and lack of relief for review results.Through the analysis of the reasons behind the dilemma,we advocate to clarify the connotation and function of the post-arrest detention necessity review,and to improve the procedure by following the rule of law and the principle of judicial remedy,focusing on the judicial procedure based on the "two opposing" and increasing the related relief channels.The review standard is improved by unifying the review standard of detention necessity and improving the quantitative assessment mechanism.At the same time,it is also necessary to further improve alternative measures to detention and use digital platforms to expand the scope of application of non-custodial and custodial necessity review systems.Through the construction of procedures and entities,we give full play to the role of detention necessity review in safeguarding human rights and reducing unnecessary detentions. |
