Arrest System Research

Arrestment is defined as the indispensable and timely privative freedom penal constraint to a doubted criminal or a appellee (possiblely to be punished), which to be carried out according the proper legal procedure by executing legal department appointed by court. It has the character of constitutional specification, object ascertaining and case result's indetermination, timely carrying-out and temporary detaining, and non-punishing.In our country, the arresting is to be authorized and to be carried out by special legal organization. Its condition, procedure and limited time has been clearly specified, meanwhile the relief channel is to be stipulated for the wrong and improper arresting. In western developed legal countries there are two kinds of arresting, warrant and non-warrant. The difference is on procedures. It is the penal constraint, but different from the detaining, it is only suitable for investigation. A relief channel is specified on the detaining after arresting. Comparing with the western arresting we could see our problems. These are: improper arresting, non-independent from detaining on procedure, some time administrative, long time detaining and in determinative, short of supervision on changing of arresting and detaining and relief absence after arresting. The reason is that our litigation structure is based on investigation and focus on the punishment of penal criminals, non-strict condition on arresting and ideas lagged etc.Under the direction of uniform on legal reform and social accepting, based on punishment of criminals and human rights protection, references from west, our arresting system should be supplemented from the following: 1) separate arresting from detaining, changing "imprison" into " arresting" and changing " arresting " into "detaining for trial". Meanwhile the arresting of decision to be by investigating department and detaining trial by inspecting department. 2) Setting a public counter viewing procedure for detainee and let the detainee has the applying right of reconsideration and reinsertion. 3) Establishing a timely inspection system in order to inspect the detained reason and its indispensability when the doubted criminal is detained in a limited time. 4) Complementing the condition on detaining for trial and additional stipulation (possibility to be judged for more than 3 yearsimprisonment).5)the limited time of detaining should be clearly indicated. Complementing the condition of control on the extension of detaining and the time counting while the applying right on the extension of detained should be allowed. 6) Detained place should be separate from the investigating place.