Research On The Reform Of China's Arrest System

In China, the arrest is a compulsory measure in accordance with law that the judiciary deprive the suspect or the defendant's personal liberty temporarily and keep them in custody within a certain period of time. It is one of China's most severe criminal coercive measures. The nature of the arrest is a time-bounded deprivation the personal liberty of those who were arrested. It relates to the protection of citizens'constitutional rights such as human rights. Therefore, the arrest is double-edged sword. Improper applications would violate the personal rights and democratic rights of citizens and undermine social equity and justice. Internationally, prohibition of arbitrary arrest and no restriction of personal freedom of citizens without the due process of law have become the consensus of people. Rule of law in countries of the world made clear rules and strict restrictions on arrest and detention.Arrest system in China does exist some shortcomings and problems in comparison with foreign countries. So it is necessary to reform and improve it. In response to the tide of history and the legitimacy and scientific of the system itself and in reference on Western rule of law's national legislation and practical experience, separate mechanism of arrest and detention should be introduced; a mechanism for judicial review by neutral pre-trial judges or judicial justices should be established; the principle of proportionality should be practiced; Places of detention should be changed opportunely; Alternative measures to arrest should be adopted effectively; The right to judicial remedies and means of the criminal suspects and the accused should be endowed fully. To ensure the arrest can not only complete the task of criminal proceedings, but also maximize the protection of human rights by all those measures.