The human rights concepts advocated for in-depth implementation in criminal justice reform and the official release of the Measures for Hearings on Detention in the People's Procuratorates have put forward substantive requirements for the review of extensions of detention.The review paradigm of"extension of detention"is now in a parallel state of"written review"and"hearing review",and in practice,the"written review"mode is still the main mode ofreview,resulting in two modes of review with"administrative nature"as the norm and"quasi-judicialization"as the exception.The current practice of prosecutorial review of custodial necessity hearings can be divided into four categories,namely,prosecutor-led,party-participation,procedural non-justification,and procedural fairness,according to different basic characteristics.At present,due to the extension of the detention period review,there are a number of problems,such as uncertainty in review standards,lack of fairness in review process,and obscure review effect.In this regard,China should clarify the criteria for reviewing"extended detention",guarantee the rights of the parties to defend themselves and their lawyers to participate in the review,and actively introduce legal aid for"extended detention"of criminal suspects,as well as establish a relief pro-cedure for those who do not accept the decision to"extend their detention",so as to meet the bottom-line requirements of the due process of China's model for reviewing the extension of the period of detention.
extension of duration of investigative detentionreview paradigmdetention hearing
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