Study Of Arrest System

The arrest is one of the most vigorous criminal enforcement measures, and it is the state compelling of a concentrated expression. As a national rule it is a "double-edged sword" in that it may become appropriate to the maintenance of public order and protection of civil rights of China may also apply for a mistake undermine human rights, arbitrary deprivation of liberty of citizens desperate. The improvement of arrest system is an important part of the law system strategy must be based on the rule of law and building a socialist harmonious society, with China's current situation and cultural background, learn from other countries and regions on the useful experience, and we will find out before the trip direction. In this paper, the Western countries to arrest the system of reference and the corresponding to the reality of China based on the conditions, always analyze point by point, carefully, at this stage of China's active arrest system found a "real problem", advantages and disadvantages from the teacher, establish a complete system of the conceptual basis of the arrest, legitimate justification On balance, and the notion that taken from the micro to the macro, from theory to practice sound of writing ideas, research into the system will arrest arrested Studies, the arrest of legitimate, the value of balance arrest and the arrest of four parts of the system perfect study.Based on the established system of arrests considering the scope of the study, the first major part of the arrest and characteristics of the semantic analysis to explore. The arrest of the definition of the concept of the study and related to the Western concept, a more comprehensive outline of the arrest of semantics, and on this basis the arrest of General summarized as mandatory, in particular, with the exception of legitimacy, dependency, temporary. On the second part of the arrest legitimate arrest system from the theoretical basis for the legitimacy and elements of two aspects discussed. Theoretical basis for the difference from the national rule, moral responsibility, liberalism, social order and the proceedings were conducted five value analysis; Construction of the main elements in response to the arrest and conditions of the two major elements of a comprehensive analysis. The third part of the proceedings from the high value of the arrest of macroeconomic analysis of the theoretical framework, to the call of the times. First that the arrest of a few realities of conflict, including public power and private rights, crime and punishment and the protection of human rights litigation between the full cost of the litigation and the limited resources of the general conflict, the conflict from the perspective of the value of China's arrest, based on specific historical tradition of culture, the economic system, ideology, system building in the various conflicts, then from the freedom and security, justice and efficiency levels on the two arrested value balance and combine the characteristics of the times, pointing out that the arrest is a harmonious balance of the value of freedom and social security, justice and efficiency, the value of balance an important microcosm. The fourth part of the arrest of the perfect system inspected the arrest of the system, from that perspective Empirical Analysis of the causes of these problems, and made a number of recommendations solution to the problem.