Abstract:

Prior detention constitutes an important component of coordination mechanisms between supervisory and procuratorial organs and exhibits functional dual-opposition. On one hand, as a connecting measure between supervision and criminal procedures, prior detention guarantees sufficient review time for procedural conversion and accommodates practical case-handling needs, thus serving strong pragmatic functions. On the other hand, as a custodial-detention-related linkage measure, its application fails to account for differing conditions among custodial measures and changing personal social dangerousness. Equivalence between supervision-case detention and arrest gradually weakens as litigation procedures advance. Given the irreplaceable pragmatic value of prior detention and the necessity to improve procedural standing for prosecuted persons, retaining prior detention remains reasonable. As a transitional coordination instrument between supervisory and procuratorial organs, prior detention represents a best-available practical choice rather than a perfect institutional design. The amended Supervision Law of the People’s Republic of China establishes a hierarchical system of supervisory compulsory measures yet fails to stipulate conversion mechanisms among different compulsory-measure categories. A principle of restraint governing prior-detention application is still absent, which contradicts basic proportionality-principle requirements. From a relative-rationalism perspective and to implement proportionality, mechanisms for reviewing detention necessity within supervision cases should be constructed, and excessive prior-detention application shall be indirectly controlled by lowering detention ratios in later-stage supervision procedures.

Key words: Supervision Law, connection between supervision and inspection, compulsory measures, pre detention, take into custody, detention, procuratorial organ