The Theoretical Basis For The Arrest

The arrest is one kind of common judicial behavior, has the legal knowledge to the related legal rule and the operating mode and the procedure the person to be engaged in this aspect to study unparticular with the judicial practice person already becomes accustomed to. However, more is the thing which becomes accustomed to, more is the people felt the extremely familiar thing, it's behind theory basis with the existence value, is easily neglected by the people, the arrest is so. In our country' judicial practice, arrested in some places already was not the exception which the criminal activity investigated becomes has had to pass through the procedure. In passes through in the court decision guilty criminal case, more than 95% accused people are all adopted have arrested this the precautionary measure. So is audiences' arrest all necessary? My answer is negative. Has this kind of situation, investigates its reason, one is the human rights idea faint, another is the legal rule is ambiguous. Therefore the research of arrest has been our punishment to sue the theory natural topic, but before today our country scholars' reseach to the arrested the system, mostly constrained by to the Law of Criminal Procedure stipulation annotation, lay in the elaboration of arrest with emphasis the condition and the procedure, involved to the arrest rationale and the procedure safeguard are not so many, this article intended to through the introduction domestic scholar obtains to the arrest rationale elaboration, elaboration arrest rationale. This article from the arrest philosophy foundation - utilitarianism angle elaborated the arrest existence objective necessity, natural haste expanded suitable characteristic based on the arrest system and into the personal freedom restrictive, the arrest if uses to be improper, extremely has the possibility to the freedom of the arrest. Therefore must safeguard the arrest measure implementation using the procedure correctly to be suitable namely the relief procedure which once wrongly used is this article must also consider. Then elaborating the relations between arrest and the human rights safeguard, namely both mutually oppose and mutually depend on for existence, complementing another.