A Research Into The Conditions Of Arrest

Arrest is essential for the existence and development of the order society. It is a weariless defender of the human rights. But simultaneously, as a criminal compulsory measure that takes deprivation of the arrestee's personal freedom as its content, while it plays the positive role, it also possibly can have certain negative effect. Namely, if the arrest measure is not use suitable, it may easily violate the arrestee's personal freedom right. However, the most important way to control the abuses of arrest is the scientific establishment of the arrest conditions. As a primary standard of arrest's concrete implementation, the arrest conditions are fundamental controlling agents of arrest.From the functions of the arrest conditions' point of view, this article discusses the value of arrest conditions' existence, as well as the status and actions of the arrest conditions in the entire arrest system. By elaborating the rationales for constructing the arrest conditions, it explores why we shall construct the arrest conditions and how we can construct the arrest conditions. Furthermore it investigates the flaws of the existing arrest conditions of our country in a comparison way, with a view to give some advices to the perfection the arrest conditions of our country.This article divides into the foreword, the main text and the conclusion, in which main text is divided into four parts:The first part "the functions of the arrest conditions": By analyzing the functions of the arrest conditions, it aims to explore the significance of constructing the arrest conditions.The second part "the rationales for constructing the arrest conditions": It discusses the foundations and basis of the construction of the arrest conditions.The third part " a comparative analysis on the Chinese and foreign arrest conditions": With a comparative analysis on the arrest conditions of the two Western big legal systems and the present arrest conditions of our country, it discusses the similarities and the differences of the Chinese and foreign arrest conditions, as well as the advanced experience for the arrest conditions' construction overseas that we can draw on.The fourth part "the flaws of the arrest conditions in our country and the their perfections" : It explores the flaws of the arrest conditions in our country, and provides some advices of their perfections.