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新《刑事诉讼法》增加了有关羁押必要性审查的内容。《人民检察院办理羁押必要性审查案件规定(试行)》对羁押必要性审查问题作了完善和补充。现行羁押必要性审查机制发挥了一定的作用,但缺少独立性、流于形式、监督失位,不能充分发挥检察机关公诉部门维护人权、保障诉讼程序的职能。构建与检察一体化、执法办案实际、化解社会矛盾相结合的审查起诉阶段的羁押必要性审查机制成为公诉部门的当务之急。审查机制应包括审查主体的确定、审查内容的界定、审查程序的构建和监督机制的设计。
The new “Code of Criminal Procedure” adds a review of the need for detention. The Provisions of the People’s Procuratorate on Examining the Necessity of Detention (Trial) has perfected and supplemented the review on the necessity of detention. The current review mechanism of detention necessity has played a certain role. However, due to the lack of independence, the mere formality and oversight, it is impossible to give full play to the functions of public prosecutorial departments of procuratorial organs in safeguarding human rights and safeguarding judicial procedures. It is imperative to establish a review mechanism for the necessity of detention during the prosecution phase of prosecution, which integrates prosecution and prosecution, law enforcement and judicial practice, and resolving social conflicts. The review mechanism should include the determination of the main body of the review, the definition of the review content, the construction of the review procedure and the design of the supervisory mechanism.