Review Of The Arrest Of A Number Of Issues

This thesis is chiefly on the examination of the arrest. It consists of four parts.To begin with, the author tells exactly the concept and the types of the examination of the arrest, and then dwells upon its natures and functions. Generally, its natures can be summarized as nationalism, judicialism, compulsoriness and restrictiveness as well. At the same time, the examination of the arrest has several functions. In the first place, it helps punish crimes, maintain the social stability and promote the social harmony; in the second place, it can safeguard the human rights, on the part of both the criminal suspects and other citizens; In the third place, it supervises the investigation. The People's Procuratorate not only examines whether the relevant evidence is objective, relevant and lawful, whether these evidence is sufficient for an arrest, but also keep an eye on illegal investigatory activities and correct them; In the fourth place, such an examination is able to guide the investigation; last but not the least, Such an examination can give a warning against crimes both to the criminals themselves and to other citizens.In the second part, the author focuses on the proof standard of the examination of the arrest. The author introduces relevant standards in other countries, along with reviewing and evaluating the current proof standard of our country, and points out that our proof standard is too abstract to be understood, and is not strict enough to work well in reality, and its requirement for the material attacked cannot be adjusted according to different stages. At last, the author suggests that our poof standard should be reconstructed. Its main requirements should be as follows: for one thing, both the facts and the evidence about the crime should be in line with the law; for another, the procurators are convinced that the criminal suspect surely committed the crime.In the third part, the author studies the properties of the evidence in the process of examining the arrest. The evidence in this stage has several properties. Firstly, in most cases, the basic evidence is available while is changeable at the same time; the basic facts...