Research On Arrest System

This article "Research on Arrest System" does a systematical research on the basic theory of Arrest and how to enforce Arrest, and aboat arrest Problem.The article is divided into four parts. In the first chapter, studying Arrest system general comment. The writer points out the Arrest is specially right of criminal maidatory Measures connected with deprive criminal suspects or defendants freedom in crimimal procedure law. The Arrest Measures is about concrete realizing arrest of the condition,the procedure, the subject, the means and the ways, the arrest system is important parts of criminal procedure law system, it is about a national laws of the general, term for the ruling class establishes in legal form the kinds, the executive, the subject, the arrest measures and compensation for the wrong arrest. Studying the ties and the difference between Arrest and Custody, The obtaining a guarantor and pending guilt, Residence under watching. Studying the arrest system basic characters and function.The second chapter does a historical research on the native and foreign development of Arrest measures system in the history, and brief introduction representative arrest system of England, America Russia and other 6 country's, tally upped their common characteristic.The third chapter introduction our country's arrest basic theory. In our national law, the legal sources of arrest system in clued the constitution, the law of criminal procedure, Regulations for Arrest and Other connecting law, the detailed regulations for implementing the law of criminal procedure and the Judicial comments, The conditions of arrest is in clued the substantial conditions and the nominal conditions. The right of arrest is in clued The cause of arrest, Deciding of arrest, Approve or disapprove arrest and Enforcement arrest, the people s courts, the people s procuratorates and the public security organs shall divide responsibilities, coordinate their efforts to enforcement. Arrest of criminal suspects or defendants shall be executed by a public security organ. Inexecute, if it is found that person should not have been arrested, must be changing mandatory measures or canceling arrest, and the wrong arrest must be give criminal determining compensation.The fourth chapter studying the problem of detains behind arrest. In practice the long-term detain and the exceeding detain are glaring problem in the arrest system. Putting the problem of detains behind arrest in circumstance of international criminal procedure low, studying the cause of lasting detain term as one pleases, low level detain and exceeding detain and to present problem put forward protecting of perfect detains behind arrest.