Discussion the System of the Review of the Necessity of Post-arrestment Custody
ABSTRACT
Throughout the criminal process, custody is the most severe coercive measures, the suspect (the accused) has implemented restrictions of personal freedom.2012 revised code of criminal procedure article 93rd dedicated detention will play after the catch of censorship.However in practice in the, prosecutorial organ carried out catching Hou custody need trial Zha work faced with review rate low, and right for subject divided not clear, and litigation mechanism internal coordination not Chang, and review case range and standard unknown, and non-custody forced measures is not perfect, problem, serious effect catching Hou custody need review system of implementation, and was custody people lack necessary of relief means, litigation right have not to due of guarantees.Paper catching Hou custody need review mechanism in for research of when, first from arrested in forced measures in the of status starts with, then this based Shang analysis current China in arrested Hou custody of status and problem, then analysis arrested Hou custody need review program in the of change situation, and on extraterritorial related national of custody need review for compared analysis, from extraction on we national useful of reference, last proposed perfect current review mechanism of related measures.
KEY WORDS detention after arrest；reciew on the necessity；review system
