羁押必要性审查制度的变革与完善

Analysis on the Reforms and Improvement of Necessity of Detention Censorship

羁押必要性审查自2012年创设以来,各级检察机关从运行部门到运行方式进行了大量的实践探索,相关著述颇丰,重视程度可见一斑。但是,从实施效果看则不尽如人意。原因是多方面的,既来自检察机关内部的分工不明、运行标准不统一等因素,也有外部相关部门不重视、配套机制不完备等缘由。2016年1月份高检院出台了《人民检察院办理羁押必要性审查案件规定(试行)》,该规定的出台在对办理羁押必要性审查案件从思维理念到实务操作,从部门归口到程序创立等问题都进行了一系列调整。但仍有一些问题还没有解决,可能对羁押必要性审查工作的开展不利,也是今后改革的重点和方向,本文从制度设立的初衷、运行中遇到的问题以及今后改革的方向进行重点论述。

With the establishment of the Necessity of Detention Censorship in 2013, procuratorial organs at all levels made a series of practices and exploration from operation department to operation mode and lots of related works on the necessity of detention censorship. The degree of attention was remarkable, however, the execution effect was not as expected due to various causes including our internal duty segregation being unclear and operating standards being not uniform as well as weak support from external related department and imperfect supporting mechanism. Supreme People's Procuratorate issued Provisions of the people's Procuratorate on the Examination of the Necessity for Handling the Detention(Trial) in Jan of 2016, which made a series of adjustments on issues from the concept of thinking to practical operation, from the department accountability to the establishment of procedures. However, there were still some problems that have not been solved,which may be detrimental to the development of the necessity of detention censorship, which is the focus and direction of future reform. In this paper, the original intention of the establishment of the system, the problems encountered in the operation and the direction of future reform have been discussed in details.