On The Reconsidering And Reconfiguration Of Arrest In China

Arrest is one kind of enforcement measure that the legal institution to deprives the personal freedom of criminal suspect person, the accused person which possibly be condemned the certain penalty by a set time according to certain procedure, it has the severity, justifiability, contigency and temporally. But in the judicial practice of our country, the applicability of arrest measure still have varying degree erroneous region. For example the arrest is generalization, the sentence of imprisonment proportion is high after arrest, the term of detain is long after arrest, some events such as exact confession by torture often occur. Investigates its reason, it not only because of the execution deflection caused by the obsolete idea and low diathesis, but also has the flaw of system construction. The author inspected in the Chinese and foreign law about the arrest system stipulation, after the comparison, it pointed out the arrest system of our country has some malpractices which exists in the legislation. And proposed the tentative plan of the modernized arrest system constructs of our country: the arrest and the detain must be separated, implements the judicial review, the proportion principle in detain, and the place of imprisons should be neutralization.