Reform Of Arrest Decision-Making Power In The Crime By Taking Advantage Of Duty Case

Arrest was the most severe deprivation of liberty of compulsory measures. From our current status of the legislative and judicial perspective, once for the arrest, it means longer detention, the severity is more than some short-term freedom Penaty. Thus the cthe power of arrest also demonstrates the criminal proceedings against crime and protecting the value of human rights, constitutional rights, state power.In China, the law entrusted with the Procuratorial agency to the crime by taking advantage of duty cases detection power, the arrest power, the right to sue, the authority has been more centralized. In the practice, the Procuratorial agency crime by taking advantage of duty arrest measure's decision-making power voluntarily was extremely easy under the investigation crime natural disposition actuation to abuse. The Supreme People's Procuratorate to further strengthen to arrests the examination decision-making power the surveillance restriction, carried out successively has detected catches divides family property, the people's supervisor, the crime by taking advantage of duty case "the double report", inquires the suspect entire journey synchronization sound recording video recording and so on a series of systems, these systems to examined the arrest decision-making power to play certain watch-dog function, but has not carried on the substantive reform to the arrest system. on September 4,2009, to carry out the central judicature organizational reform the request, the Supreme People's Procuratorate after-cropped "the Case which the People's Procuratorate Put a case on file and begin investigations about the Provincial level Below by On First-level People's Procuratorate To examine the Decision Arrest the Stipulation (Implementation)", examined the arrest way has carried on "relatively reasonably" the reform to the crime by taking advantage of duty case. This reform exercised to the crime by taking advantage of duty arrest examination decision-making power has restricted the function positively. But in reality, the crime by taking advantage of duty case self-surveillance, supervises the question which does not arrive not to obtain the thorough settlement, crime by taking advantage of duty case arrest rate Gao Ju not, the arrest measure abuses the question to be still serious.The author through examines the arrest system several reform results to the Western modern country under the rule of law about the arrest authority disposition stipulation's study as well as to our country crime by taking advantage of duty case the analysis, thought that in next time reforms and consummates our country to arrest takes into custody in the system process, we needed to abolish some to exist in reality and to form have hindered our country legal system's modernization process wrong idea seriously, if "the heavy attack, the light protection", "the heavy body, the light procedure", "punished severely punishes the crime, light human rights protection" the idea, the generation by citizen's constitution right safeguard and the procedure just modern government by law idea, absorbed the Western modern country under the rule of law about the arrest authorityThe disposition reasonable ingredient, introduces the judicial review system in our country crime by taking advantage of duty case's arrest system's design, to arrest and to take into custody separates the system, the proportion principle in the procedure, to entrust with the suspect the perfect relief measures.