Research On The Problem Of Arrest System Of Our Country

Arrestment, which deprives of the suspect's personal freedom, is the most severe criminal compulsory measure towards the crime suspect or the accused. Arrestment ensures the smooth flow of the investigation and the adjudication. It effectuates the nation's penalty power and guarantees human rights. There have been specific provisions about arrestment in both the Constitution of the P.R.C. and the Criminal Procedure Law. However, for a long time, the system of arrestment has not been given due attention. It is only considered as one of the usual ways of compulsory measures. It lacks in both legislation and judicial practice. As a result of this, the author of this paper cautiously chose this subject for research and probed deeply into it so as to reach an all-round and systematic recognition of arrestment.With a discussion of our nation's system of arrestment, its birth, development and current situation, this paper compares the differences between China's arrestment system and that of the Western nations. With salutary lessons from theory and practice, it puts forward some tentative propositions, i.e. transition of ideas, reduction of arrestment application, segregation of arrestment and custody and improvement of the system of judicial remedy.