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On the Necessity of Detain Examination Mechanism

Author: DingChuanFu
Tutor: HuXueJun
School: Nanchang University
Course: Legal
Keywords: Detention review the necessity system question system establishing development direction
CLC: D925.2
Type: Master's thesis
Year: 2013
Downloads: 17
Quote: 0
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Abstract


The fundamental purpose is to ensure that the detention of the smooth criminal p rocedureto prevent the escape of suspects, Dutch act, destruction of evidence or to co mmit a crime,The value function is the means to ensure a temporary. Because of the d eviation of value orientation," What a catch" into the criminal procedure of our countr y,The lack of detention review the necessity, criminal suspects and defendants legal ri ghts are effectively protected without.The new criminal procedure law the ninety-third regulation:The suspect, the defe ndant was arrested, the people’s Procuratorate shall still the necessity of the detention review. The detention is not necessary, should be recommended to be released or alter ation of the compulsory measures. The relevant authorities shall within ten days to no tify the people’s procuratorate.Given the prosecution of the trap to review job responsibilities,the guarantee me chanism of arrest necessity review,but he provisions are too principle and abstract,ho w to refine the work of practice, improve the scientific and detention review the neces sity and effective system, realize the organic combination of guaranteeing human righ ts and punishing crime is an important task to every procuratorial personnel must face.This paper only in the stage of review and prosecution as an example,on the problem s in practical work analysis,from the aspects of subject, content, examination time, op erating procedures,to explore how to construct the necessity, detention review mecha nism specific to better improve detains behind arrest necessity review efficiency.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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