On The Application Of Arrest

Arrest is the severest criminal coercive measure manifesting the mandatory power of state. It is a two-edged sword, which could be used as arms protecting civil rights and public security and, also could be the weapon depriving citizens' personal freedom and damaging human rights. Therefore, nations all over the world promulgate many laws regulating the practice of arrest. In western countries, there are a series of regulations rule arrest's practice subject, procedure and its legal effect, and arrestee's remedy as well. However, the situation in China is not so favorable, the arrestee's human rights and procedural rights could not be guaranteed, which undermines the rule of law in our country. The thesis, analyzing the present situation practicing arrest in China and drawing experiences from foreign countries in the field, proposes a suggestion perfecting China's arrest system.The first part of the thesis summarizes the concept and its related issues. Arrest means a deprivation of one person's freedom when he or she is determined a criminal suspect or be criminally prosecuted. And the arrest system, which is an integration of arresting procedures, precondition, object, measures and arrestee's remedy, constitutes the most important segment of criminal procedure system. Then the thesis introduces the main contents of the arrest system and discusses the concept, jurisprudence characteristics and value objective of the system.The second part of the paper illustrates the arrest practice in countries from both Anglo-american law family and Continent law family and makes comparison between them in legislation and implement situation. The actual situations of arrest practices in Anglo-amercian law family countries, herein UK and USA, and Continent law family, herein Germany and Japan, are analyzed by comparison, which could be used as reference perfecting China's arrest system.The third part studies the present situation of arrest system in practice subject, precondition, procedures and arrest warrant, among which the warrant of arrest is particularly analyzed for it is the specific field where practice problems arise.The last part of thesis discusses the present situation of China's arrest system, and the author deems that there are problems in the arresting procedures, precondition and custody period. To solve the problems of arrest system in the practice in China, the thesis raises a proposal perfecting China's arrest system from three aspects.