On The Criminal Detention System Is Perfect

The criminal arrest,which is one of the most severe compulsive measures,is the concentrate embodiment of national constraint.As kopis of the state-government,the criminal arrest can be the edge of protect the commonality orders and people's rights and interests,when the compulsive measure be use in suitable ways.And meanwhile,it also came out as the "black-sword",which infracted human rights,and deprive human freedom, when be practiced in the iniquitous quomodos.From the realism of China,comparison between foreign and domestic criminal arrest and detention system,and cross-subject analysis,this article intends to study the theoretical basis of "real problem" of criminal arrest in our legal practice deeply,analyze various error of cognition about the criminal compulsive measures,and explore the orientation of legal supervision of the criminal arrest in order to modify and perfect our criminal arrest correctly. This article is composed of four chapters,which is outline of criminal arrest,comparative of criminal arrest,realism of Chinese criminal arrest and perfect of Chinese criminal arrest.Chapter one discusses the definition and characteristics of China's criminal arrest. Compared to the definition and other relatively criminal compulsive measures between foreign and domestic,this chapter gives the correct definition of Chinese criminal arrest definitely.Chapter two is about the criminal arrest system in the Anglo-Saxon law and the continental law,analyzes the relationship among the criminal reconnaissance,the justice procedure of criminal arrest and detention.And in this case,analyzes and explain the characters of China's criminal arrest,this elicit the conclusion that the traits of criminal arrest are complement,specifically,irregularity,provisionality.Chapter three analyses the present situation of China's criminal arrest system and the justice practice nowadays,points out the disjoint,mistake and conflicts among Chinese criminal arrest system and practice,illuminates the political,legal and cultural reasons, demonstrates the direction and regulations on the modification of criminal arrest.Chapter four explores the necessity and feasibility to fix constitutional position and function of China's criminal arrest again,shows some suggestions and perfects criminal arrest on judicial action.