On The Essentials Of Arrest

As to the deprivation of liberty of arrest was arrested for the content of the judicial compulsory measures, is essential for the maintenance of the existence and development of the social order, but if the improper use of easily infringed the rights and interests of the arrested person. The measure of arrest judicial application has two sides, apply appropriate will play a good judicial and social effect, is not suitable for may violate personal and social rights. In judicial practice,"guilty that catch" phenomenon, an important means to control the arrest of abuse is the scientific establishment of the arrest conditions, through the clear, specific conditions of arrest to control the arrest goal. The article intends to study from the angle of legislation that the arrest conditions, provide criteria for judging the practical conditions for arrest the judicial application, so as to guarantee human rights priority, protect the social efficiency and the interests of the arrest of the pursuit of value.This paper is divided into introduction, body and conclusion, the text mainly from the empirical point of view, connotation and extension of the practical value of the conditions of arrest proof; the proof of the conditions of arrest necessity and possibility of argumentation, and detailed proof for the arrest of the necessity of proof and burden of proof, constructed the system frame to prove the conditions of arrest complete, finally to improve the conditions of arrest in our country put forward the conception.Through the study of the conditions of arrest proof, the conditions of arrest is more clear and operable, more in line with the development and requirements of the modern concept of the rule of law, so as to achieve the purpose of the constitutional protection of human rights.