The Study On Review System Of Arrest Of Procuratorial Organ

Review of arrest is the procedural activities that people's prosecutorial office review the case which the investigative organ submit for approval to arrest and decide whether to approve or to arrest the suspects according to the law. It is an important part of pre-trial procedure and important means which not only is it supervision to the right of investigation, but also find out crimes and ensure the action make good play. The perfect system of review of arrest is be of far reaching importance to prevent the rights of criminal suspects from willfully infringe and defend the procedure principal status of criminal suspects.This paper was based on the procedural justice. From the points of equilibrium view between defending the human rights of criminal suspects and fighting against crime the paper paid more attention to the protection of human rights, focusing on practical and operational. Also it got to the bottom of the existent questions of the review of arrest system and puts forward feasible means of Problems solving and improving the system. This paper was divided into four parts:Part I: Analyzing the appropriate problem which power of review of arrest shall be vested in procurator organization in china. There are different opinions on the question that power of review of arrest shall be vested in whether procurator office or court. Considering the actual situation in China this paper concluded that: power of review of arrest shall be vested in procurator organization during the currently judicial system in china.Part II: Analyzing the applicability problems about arrest conditions in the current in order to find out the deficiencies and to put forward reasonable proposal. Mainly concluded as follows: arrest conditions is defined in general so that it isn't easy to grasp its applicability in practice even unbalanced applicability take place; The settings of arrest conditions shall be pay attention to the balance of the three elements and strengthen the operational settings of the necessary elements。Part III: Analyzing the problems of the system on prosecutors approved the arrest after reviewing a case. From the points of equilibrium view between defending the human rights of criminal suspects and fighting against crime, the reasonable improved measures were put forward pointing to the existing problems. They are mainly included as follows: During the constitution of power of review of arrest initiation right attribution has a strong color for tracing responsibility for an offence. Neutrality of procurator organization shall be strengthened; The procedure of review of arrest has a strong color for administration .The procedure of review of arrest shall remove administrative and set up the hearing system and strengthen criminal suspects and their counsel's intervention; Both the criminal suspects and their counsel's rights shall be sufficiently guaranteed on each stage of the procedure of review of arrest.PartⅣ:In the system on prosecutors decided the arrest after reviewing a case, power of review of arrest is lack of constrained during the post crime case. Power of review of arrest shall be constrained and supervised by a superior officer and shall be checked strengthly to the post crime cases.