Abstract:

In order to carry out the basic concept of respecting and protecting human rights in The Constitution，The Criminal Procedure Law modified in 2012 has established the necessity investigation mechanism for detention after arresting，and Rules for Criminal Procedure of the People's Procuratorate (for Trial Implementation) has made preliminary program design for this mechanism. However，before the revision of the Criminal Procedure Law，there existed problems in judicial practice related to supervision of detention after arresting; and seen from the associations and differences between the necessity investigation mechanism for detention after arresting and other related systems，the function and procedure of the necessity investigation mechanism for detention after arresting requires further study and probe.