The Report On Lifting Level Of Censorship And Arrestment Right In Crime By Taking Advantage Of Duty

On the 1^st September,2009, the Supreme People's Procuratorate formulated the Crime by Taking Advantage of Duty which Investigated by Below the Provincial Level People's Procuratorate Should be censored and Arrested by Higher Lever People's Procuratorate Requirements(for trial implementation). Since then, the reform in arrest decision of lifting level in crime by taking advantage of duty carried out in whole country. This new reform in optimizing the allocation of judicial and ensuring the fair and independent procuratorial authority for procuratorate was an important measure which strengthened the self-supervision of arrest and ensured the quality of arrest. It was very important theoretical and realistic significance how to further improve this reform for building the censorship and arrestment system of crime by taking advantage of duty as well as deepening judicial system reform. Therefore, according to the author himself experience in handling cases, he analyzed actual problem of the reform and strategy of improving the reform in order to build a scientific perfect system on censorship and arrestment in crime by taking advantage of duty.This paper was divided into four parts of the exposition: the first part, the author set forth the reason of this reform, unscrambled the main procedure and characteristics of this reform;The second part, the author took the Prosecutorial system of Chongqing municipality as an example to analyze the situation of censorship and arrestment right in crime by taking advantage of duty before and after the reform, summed up this reform's current status and pointed out the defects of this reform combining statistics and symbolic cases; The third part, on the other hand, the author pointed to the dilemma which reform must facing in addition the empirical analysis of above. The fourth part, from censorship and arrestment proceedings, some corresponding mechanism and legislation adjustment, the author put forward two proposals to improve censorship and arrestment right in crime by taking advantage of duty reform.