Studying Of The Disposition Of Jurisdiction Of Arrests In China

Arrests are the severst compulsory mesures .In our country , arrests are no less than short-time-liberty-depriving punishment in terms of time limit or strickness. However, a criminal suspect has no right of testimony of the witness, and has no right to apply for revision. One important reason is that there are big short-backs in disposition of jurisdiction of arrests in our country. It is why the over-time deletion is popular and the ratio of holding a criminal suspect in custody is too high.Chapter I By inspecting the history of the disposition of jurisdiction of arrest in our country, makes up a historical ground for studying the problem. By inspecting modern disposition of jurisdiction of arrest, drows the conclusion that the improvement of productive power and the development of history are the basic reason of the modern disposition of jurisdiction of arrests coming into being. In modern west countries, the disposition of jurisdiction of arrests "protects human rights." In fact, it just protects Capitalism. However, the greathistorical value of the disposition of jurisdiction of arrests is concerned. Because the historical problems, there arc big short-backs in the disposition of jurisdiction of arrests in our country. However, in studying the disposition of jurisdiction of arrests in our country, we should look into its history, and concern the fact now, should not take sever actions.Chapter II By studying the showing of the disposition of jurisdiction of arrests in our country, using reality-studying method, concludes that the major short-backs of the disposition of jurisdiction of arrests in rules and in enforcement, provides the reality ground for studying the problem of the disposition of jurisdiction of arrests in our country.By studying the theory of power-restriction,provides the thcorical base forsolving the problem of the disposition of jurisdiction of arrests in our country.Using the theory of power-restriction, gives up the necessity and right ness of reasonable disposition of jurisdiction of arrests in our country, and the basic methods.Chapter IV By studying the value selection of disposition of jurisdiction of arrests, provides the value aim of it: The realization of unity of criminal punishment and protection of human rights, the realization of unity of procedural justice and substantive justice, the realization of unity of justice and efficiency. And studying how the value selection influences the disposition of jurisdiction of arrests.Chapter V The law of France and the law of Britain and America arc representatives of the Civil law system and the Common law system. By studying the disposition of disposition of jurisdiction of arrests of them, provides the world-wide ground of disposition of jurisdiction of arrests for our country. Andby studying the newest development of disposition of jurisdiction of Britain and America, makes out the sever degeneration of Arrest with Warrant in Britain and America, the major jurisdiction of arrests is the jurisdiction of detction, just the same as in France. Because of this, the sole of the problem of the disposition of jurisdiction of arrests in our country is the jurisdiction of deletion.Chapter VI By thcorical studying of the disposition of jurisdiction of arrests in our country, makes out the showing of the short-backs is shortage of procedural justice, the basic reason is the shortage of power-restriction. Thus gives the basic way to solve the problem of the disposition of jurisdiction of arrests in our country.Chapter VII By studying the discussion of the disposition of jurisdiction of arrests in our country, valuing " Approving Theory" , " Disapproving Theory" ,aiul "Middle-point Theory" ,lcarns how to solve the problem of the disposition of jurisdiction of arrests in our country. Concerning the thcorical base and value aim of the disposition of jurisdiction of arrests in our country, and the reality now, solves the problem. Makes the conclusion: the jurisdiction of arrests should be taken by 1'rocuratoratc in our country, but...