Research Of Giving The Inspection And Arrestment Right Of Position Crime To Higher Authority

Report of the Seventeenth Party Congress pointed out that "deepening the judicial system, optimizing the allocation of judicial authority, standarding judicial behavior and building a fair, efficient and authoritative social judicial system, which could ensure the fair and independent jurisdiction and procuratorial authority for judicial apparatus and procuratorate." During the optimization of allocation of judicial authority, one of the most important problems is how to set up a judicial system which is a clear function, reasonable division of labor and effective constraint system in the current judicial reform.According to the demand to reform and complete inspection and arrestment system in Central Judicial Reform Programme. The Supreme People's Procuratorate formulated Position Crime Registered by Below the Provincial Level People's Procuratorate Should be Arrested by Higher Level Review of People's Procuratorate Requirements(for trial implementation), which is based on full survey and carried out in whole country in 1st,September,2009. This new reform, as well as the more and more perfect process of inspection and arrestment system of position crime, will be beneficial to supervise and restrict to position crime, to get rid of provincial intervention and to improve litigant efficiency. At the same time, this new reform strongly ensure lawyers' and suspects'rights. Therefore, the author gave some advice to Chinese inspection and arrestment system of position crime. We should enact laws about accreditation, inspection reconsideration and recheck system. Simultaneously, we should learn foreign advanced judicial pauperism system and then build a scientific perfect system on position crime and arrestment.