Perfect System Problems arrest

Arrested by the executive body of Law in accordance with due process of Law review or decision and the implementing agencies by the implementation of the Law, certain penalties may be imposed against the suspect, the defendant taken, with a certain time of detention, deprived of their personal Freedom of the most severe Criminal coercive measures, switched from [Star Paper Network] as a constitutional right to arrest a key prosecution authority, is to maintain social order, an important component of state power, it is directly related to the constitutional rights of the parties, That is personal freedom, this has been the focus of one of the Criminal Procedure Law Schools Criminal Procedure Law enacted in .1979, amend the Criminal Procedure Law in 1996 until the present, people on the Revision of Criminal Procedure, arrest reform is beginning to end One of the most popular issues. Thus, to some extent, promoted the Arresting System. This article reference in the world system of beneficial ingredients to arrest, adhere to traffic by the prosecution the right to review the arrest, the arrest in China to reform and improve the system, On this basis, the establishment of systems for the arrest of the status quo.

The shortcomings of the system of arrest, the arrest to be systems in western countries compared to see. China's arrest of approval, the decision to exercise the right of the main by the prosecution, while the system of Western countries to arrest the right to review the exercise by a judge. The right to review the system set up to arrest purpose is to protect the personal rights of citizens, limiting state power of punishment, it is a system of judicial review. review of the power of arrest is controlled by the court or to the Procuratorate, has not yet conclusive. but there are two voices, one is advocating the introduction of Western practices, will examine the power of arrest to the courts, the establishment of judicial review. Another is to review the exercise of the power of arrest still under prosecution, arrest system for the shortcomings of the current reform, further improve China's arrest review system. Arrest System larger changes in 1996, mainly reflected in the relaxation of conditions of arrest, which marks the Criminal Procedure Law of the system a big step forward. But with the development of society, the concept is also changing the Criminal Procedure Law, which allows us not not to re-examine the existing system of criminal procedure. China arrests system problems the focus of a controversy, the main problem in the following areas.


First, the arrest of the shortcomings of the system

1. Arrest ends and means do not perform their duties, but were confused. The purpose of all countries is to prevent occurrence of the arrest of new social risks, but the administration of justice in our country, contrary to this purpose, the arrest as a the use of investigative measures, there is the possibility of human rights violations.

2. The lack of supervision of the prosecution mechanism of arrest. Abroad, many countries reviewed the implementation of separation of investigation and arrest, the prosecutor on the case investigation, review by a judge to issue arrest warrants, the purpose is to supervise the review of arrest and restraint systems. In China, cases of crimes committed by Itself Itself from arrest by the prosecution, the lack of external oversight mechanisms. judicial practice in China, the Ministry Itself clues usually after a certain amount you can ask the criminal suspect, the suspect then provide clues for additional evidence. This pattern is difficult to obtain in a short time strong evidence of compliance with conditions of arrest. to obtain evidence is the task of investigating authorities, although the two departments are separate, but are also attached to a prosecution authority to arrest the final decision made by the Attorney General, so that measures may cause loss of legitimacy of the arrest.

3. Arrest dubious legislation and there is the phenomenon of Practice. Criminal Procedure Law provides that: "There is evidence that the facts of a crime could be sentenced to imprisonment or more severe punishment of criminal suspects, defendants, to take bail, residential surveillance would be insufficient to place danger to society, and necessary to arrest shall be immediately arrested according to law. "arrested one of the conditions to establish that" there is evidence that the facts of a crime "and called for evidence verified. But in practice, to establish the arrest mainly in order to isolated words or indirect evidence such as certificates finalized, there is no strong evidence to obtain arrest obtained by means of facts of the crime of arrest. In addition, some conditions set too wide, "over prison sentence" of imprisonment of more than criminal law Criminal minimum of six months, which means that most cases can be arrested, to a certain extent, the performance of the punitive nature of the arrest. to take bail, residential surveillance, not enough to prevent the occurrence of danger to society is necessary to arrest conditions, in general, there is no need to arrest the main suspect is to see the community will not cause damage, but it will not cause harm, it is difficult to judge, even that can not be judged, so this arrest conditions became nominal, optional, not serve any purpose. bail out of touch with the arrests there.

4. Arrest after the detention before the detention and arrest the lack of comprehensive examination and supervision procedures. In most countries, this process has a strict review process. China is the lack of such supervision and review procedures, detention time before catching a lack of external oversight. criminal detention, public security organs that their approval can be extended to 30 days, some of the 30-day extension is not necessary, but also extended to 30 days. caught in custody after the lack of a comprehensive review of regulations.


Second, improve the system of the recommendations of the arrest

1. Arrest part of the review to monitor, through the establishment of the Inspector System. Supervisory system by expanding the range of people could be given to the arrest of a suspect defense, enabling the supervisor suspects to obtain relief through the people's way. For example, approval arrest, including the right to apply for bail of suspects, defendants and their legal representatives, the right to request reconsideration. prosecutors should re-examine changes to the undertaker.

2. Emphasis on the need to review the arrest. Pre-trial detention is not criminal law, therefore the penalty should not be disguised. A version of the pre-trial detention is a significant addition to satisfying the conditions of criminal suspects, there are other conditions, such as provide the necessary procedural safeguards, then the new one is to prevent harm to the necessary social behavior. These two conditions are involved, the need to complete the arrest constitutes the content. During the inspection, we must look at the suspect to commit the crime in the performance also depends upon the performance of its committed, which, after comprehensive study of its action.

3. To establish pre-arrest and detention after arrest review system to the prosecution investigation and supervision department of the center. The purpose of detention is to prevent suspected danger to society again obstruct proceedings, detention of suspects involved in the deprivation of liberty for a long time, when the custody reason does not exist, it should be removed in custody. criminal detention time in custody should be examined and decided by the prosecution, this could make post-arrest investigation and supervision departments in the custody of the need for periodic re-examination of the procedural requirements.

4. To establish the system of supporting the arrest and detention bail system. Our current bail system and foreign bail system are very different, bail as use of complementary measures to arrest the suspect is arrested, bail system can be used , bail application rate is very high. But in China, the two are separated, the suspect is arrested, released on bail to happen rarely, so that the personal rights of suspects would be hurt. by drawing on foreign of experience in the country based on the bail system reform, the establishment of the bail system suitable for China, and China also released on bail as detention, arrest and other systems associated with supporting measures.

All in all, the arrest of many problems still exist in the system needs improvement. Not only to pay attention to the definition of arrest of the system itself, but also concerned about the arrest of the constraints of the supervisory system and establish a system suitable for China's arrest.