A Study On The Procuratorial Authority 's Examination And Approval Of The Arrest

The procuratorial organ is the main approval and decision authority for the arrest in China; therefore, the author believes that the implementation, the actual social effects and the improvement measures for the arrest system should be drawn mainly based on the actual investigation and analysis on the application of approval on arrest by the procuratorial organ. On the basis of the research and investigation on the approval on arrest by a city procuratorial organ and four district procuratorial organs in Guangdong province, this paper analyzes the problems existing in the process of implementation of the approval on arrest by the procuratorial organs in China and the reasons for these problems and proposes the path to improve the system for approval on arrest thereby. This paper is composed of three parts:Part One analyzes the problems existing in the examination of arrest by the procuratorial organs in the practice. By the research and analysis on the approval on arrest by a city procuratorial organ and four district procuratorial organs in Guangdong province and concludes the main problems existing in the application of the current system for the approval on arrest mainly in three aspects, including: the first is the over high proportion of the approval on arrest in the whole approval on arrest; the second is the over low application proportion of the unnecessary arrest; and finally the procuratorial organs lay too much emphasis on the suspect’s confession in the examination on arrest.Part Two analyzes the problems existing in the examination of arrest by the procuratorial organs in the practice. The author holds that the main reasons for the approval on arrest by the procuratorial organs mainly lie in four aspects: the first is the ideas of some judicial officers require to be improved; the second is too broad provisions on the application conditions of arrest, resulting in weak maneuverability; the third is the virtual remedy procedures of arrest makes it difficult to maintain the legitimate rights and interests of the suspect; and the fourth is the application of the substitutive measure of detention is difficult to play its due alternative role.Part Three proposes the conception for the improvement of the examination of arrest by the procuratorial organs in China, mainly including: one is to transfer judicial ideas and earnestly establish the consciousness of human rights protection; two is to refine the application conditions of arrest to improve the maneuverability of the examination of arrest by procuratorial organs; three is to introduce hearing procedures to improve the transparency thereof; four is to strengthen the remedy system for arrest to earnestly protect the legitimate rights and interests of the detainee; and five is to improve the substitutive measure of detention, making it the substitutive measure of detention.