On Inadequate Practice of Examination of Custody Necessity and Improvement

Custody aims at both judicial procedural protection and new crimes prevention. China adopts the legal model of arrest-custody integration, which is the primary reason for abnormally high custody rates. Examination of custody necessity witnesses inadequate understanding and defective specific operation. Therefore, it is suggested that hearing model or hearing-written combination model be adopted and examination of custody necessity be improved in terms of judicialization, alternative measures and cognition styles with a view to making it practical, and achieving the purpose of reducing custody rates and promoting criminal suspects or defendants’ rehabilitation.