Both China's Criminal Procedure Law and the Provisions of the People's Procuratorates on Criminal Procedure explicitly stipulate the review of the necessity of detention, and the Procuratorial Work Development Plan for the 14th Five-Year Plan Period (2021) reaffirms the significance of the post-arrest detention review system. From the perspective of detention data, this system has reduced China’s detention rate to a certain extent, yet the rate remains relatively high. As a system balancing public interests and individual rights, the various problems emerging in practice indicate that there is room for optimization in China's efforts to review the necessity of detention. To implement the concept of "less arrest and cautious detention" and effectively lower the detention rate, it is essential to re-examine the inherent meaning of "necessity of detention." In the practice of reviewing the necessity of detention, the ambiguity of review standards also restricts its in-depth development. Therefore, we should start from existing problems and put forward corresponding suggestions for establishing a more comprehensive review standard, aiming to activate the system's vitality and ensure the stable and effective implementation of the "less arrest and cautious detention" policy.

Wenye Lyu. Research on the Standards for Reviewing the Necessity of Detention. International Journal of Frontiers in Sociology (2025), Vol. 7, Issue 6: 34-39. https://doi.org/10.25236/IJFS.2025.070606.

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