The Research Of Criminal Arrest System

As a kind of the compulsory measures to force Criminal suspects or defendants toreach the designated place questioned,the arrest in criminal coercive measures of ourcountry occupies an important place in the system.But because of the existing problems ofits own, arrest falls into abeyance in practice.Whether the public security organs,procuratorial organs or court system has use Rarely.This paper mainly described the publicsecurity organ for the arrest, Summary arrest system in China’s current criminalinvestigation system, the problems and the analysis of the causes, And the main referenceother countries under the rule of arrest legislation and judicial practice, based on our legalsituation and the development tendency of the establishment and adapt to the idea of rule ofthe actual arrest system.This paper adopts comparative analysis and empirical research method, From the mainproblems existing in the judicial practice to think the defects of our country’s legislation,and the present situation of China’s arrest and relevant foreign system compared to itsadvantage to digest absorb, based on China’s national conditions and justice in developmenttendency, the paper puts forward the system conforms to China’s actual arrest improvedways and the way to perfect our country’s arrest of the legislation and judicial system, andsafeguard the rights and interests of the criminal.The article is divided into the following five parts, about23000words.The first part: the introduction. This paper expounds the research methods, thetheoretical significance and practical significance.Part2: criminal arrest system overview. Introduces the concept, system of criminalwarrant history, function; Compared with other measures that arrest several criminal coercivemeasures of different, especially the practice of arrest and easy to mix a comparison of theseveral measures, such as arrest and subpoena, arrest is passed and interrogate taking placecompare for summarized below analysis for low rate arrest problem and provide theoreticalbasis.Part3: in comparison research present situation investigation warrant criminal system.This part of the country through the comparison research status of criminal arrest measures summarized, is mainly to the common law and civil law countries of the legislation andjudicial situation analysis, and from the concept, system, the power restriction and protectionof human rights in several provisions and the actual situation in our country contrast.Part four: the problems of arrest in China’s criminal system and analyzes the reasons.This part of the discussion above basis of our country at first arrest criminal problems in thesystem carry on the summary and classification, from the applicable objects, the applicablecondition, the applicable procedure, time limit, and relief measures for the following fiveaspects detail; Secondly, for the existence of the problem explores the cause, this part of theconcept, system is mainly based on two levels. Again the ideology in three aspects: first, thevalue of our country’s criminal procedure function orientation judgment and the existence of"presumption of guilt" thought mark; Second, human rights protection concept are weak;Third, China’s emphasis on security and order litigation culture rather than freedom and rights;A system level, mainly from the legislation technology lag, compulsory measuressystematism insufficiency, the privileges authority professional legal quality is low the threeAngle to recounted, from several angles for below the arrest of improved system to providelegal basis.The fifth part, The reformation of Arrest system in our country. According to the practiceof criminal warrant the existing problems and causes, reference foreign relative goodlegislation, from the right and the right to security awareness raising relief, the concept ofpower restriction set to change aspects of our country’s criminal procedure untimelytraditional lawsuit idea, and through to the criminal warrant the applicable condition, theapplicable time limit, apply procedures, compulsory measures system systematic and so onperfect, and law enforcement team law of literacy increased, from consciousness, idea,legislative, and judicial and other aspects of the arrest system of our country criminal feasiblesuggestions put forward, in order to perfect our country from the essence of the system ofcompulsory measures.