The Study On Arrest System

As the severest kind of criminal coercive measure, arrest is the concentrated reflection of state coercive power. It is " a blade sword " of the nation, since it may change from the sharp sword of supporting the public order and guaranteeing citizen's rights to the dark sword of damaging human rights and depriving the human body' freedom by applying properly or arbitrarily. Therefore the laws of the international community have pay attention to it with deep concern. This article is divided into four parts, namely the category, the importance, the operation and the improvment of arrest system.Considering of the range of my research, a tiny view is given to the concept, types, properties and characteristics of arrestment in the first part. In this part, the author makes certain the definition of arrest by introducing its connotation and extension. The property of arrestment can be concluded as nation, judicatory and prevention; the characteristic that arrestment possessing are compulsory, particular, constitutional and reliant. In addition, this part divides the line of different type of arrestment. In the second part, the author focus on the worth mindset, the purpose and the principle of arrest system. It put forward the basic request towards the macro structure from the height of the litigation value that arrestment must match " punish crime " with the consistency of "guarantee human rights" and that arrestment must obey the law, under authorization, be comparative, under full consideration and guarantee human rights. The third part analyses the subject, the condition and judicial review of arrestment, and has also mentioned erroneous arrest. Through a comparative way, this part did the detailed analysis towards the condition and judicial review of arrestment, and pointed out the shortages of our arrest system in structure and operation. After enumerating the shortage of our arrest system, the forth part offered a total principle design and gave advices to improve the system by analyses the ideas which are put forward by other scholars.In conclusion, because arrestment involves in the deprival of freedom that is given by constitution, it has become one of the standards of measuring a country's legalize. This article hopes to do something to improve our arrest system through the research.