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Chen Weidong: Research on the Detention Review System


Abstract: In order to explore the mechanisms for the implementation of the detention review system provided by Article 93 of the Chinese Criminal Procedure Law£¬a two-year pilot research was conducted in W City of A Province£® Tested in the pilot research were several supporting mechanisms for implementing the detention review system£¬including mechanisms for designated case management£¬public hearing£¬risk evaluation£¬follow-up supervision£¬etc£® During the two-year period of pilot research£¬ the total number of detainees undergone detention review had increased by 57£® 4% £¬consisting 9£® 2% of all detentionees in the city; and public hearing had been held in 14% of piloted cases£¬leading to better legal effects and social feedback£® The pilot research shows that several theoretical issues need to be addressed in order to improve the detention review system: the nature of the detention review should be that of a continuous and periodical judicial review of conditions of arrest; its procedure should be adversarial and the prosecutors should be able to make release decision£¬not only recommendations£® In addition£¬the confidentiality of investigation should be adjusted so that information about the necessary evidence on arrest can be disclosed to the defense to facilitate its effective participation for the review of the necessity of the detention£®

Key Words: arrest£¬detention£¬review of the necessity of detention

(Editor: Liu Xiaoling)

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