Ratify The Arrest Rate Of Grass-roots Procuratorates Research

Ratify the arrest rate is defined as the unit of time, prosecutors approved the arrest of the suspect investigative organs for approval of the number of arrests accounted for the percentage of the number, it is the supervision of the prosecution investigation of a vital statistics data. In recent years, in practice, all levels of the prosecution has maintained a relatively high ratify the arrest rates, arrest the most severe coercive measures in criminal proceedings a lot to be used, resulting in high detention rates in pre-trial status. Clearly this situation is not conducive to protecting the legitimate rights and interests of criminal suspects, and the presumption of innocence and the Code of Criminal Procedure advocates the protection of human rights internationally accepted concept of the opposite. Xinjiang Production and Construction Corps to understand the special geographical environment of the actual situation of the grassroots procuratorates ratify the arrest rate was found behind the problems, the author uses the wild in 2010 in the Xiayedi Reclamation Region Procuratorate Branch internship supervision, by adjusting the police interviews, data analysis methods on The circumstances of the case's Procuratorate arrest four in the coming year, reconnaissance and surveillance work practical problems, carried out relevant research, and presents some sound advice.Addition to the introduction and conclusion, the text was divided into four parts, a total of more than 1.6 million words.The first part is the analysis of the application of coercive measures. First, by charting the circumstances of the case in nearly four Procuratorate arrest, By comparison, approved the arrest of the number of cases in the field of population far exceeds the local population, native population for the implementation of coercive measures mainly Detention, arrest based, hard bail Applicable. Second, the bail application in the field of population, due to the special nature of the farm corps, foreign population has been greatly restricted for bail. Again, the public security organs pursuit mechanism is not perfect, the bail suspects into hiding after very difficult to carry out the work on the pursuit, so the lack of a reasonable bail for alien population, effective protection mechanism, so that the probability for the probability is very low.The second parts of the public security organs from two aspects apply to arrest the status of the investigation. Procuratorate approved the arrests of public security organs to the number of cases increased year by year, mainly with the public security organ within the strict examination system and public security organs is closely related to the investigation. In the evaluation mechanism on the one hand the requirements on crime control, arrest function is alienation, as the maintenance of social stability and effective tool for combating crime. On the other hand, in order to achieve performance goals, to achieve the maximization of the interests of investigation, increasing the application rate of the arrest. Modalities in the investigation, the arrest of a strong verification of security function, therefore to ensure the smooth progress of investigation, arrest the most effective enforcement measures. The traditional method of investigation depends on the suspect's statements, and statements will be easier to obtain custody, over-reliance on confessions determined by the investigation in detecting a large number of arrests apply.The third part of the author's Procuratorate approved the arrests from work were studied. First of all aspects of the investigation and supervision, investigation and supervision department of the transfer depends on the public security organs to review the files, and files made itself the main one there, too one-sided evidence of the shortcomings of the facts, making it difficult to play a role in oversight investigations. Second, standards of evidence for the arrest were investigated; the same study found that the internal assessment mechanism by the Procuratorate influence arrest was too high standard of proof to the prosecution standards. When investigators arrested in the review, not a comprehensive grasp of the conditions of arrest, easy to overlook the need for review of the conditions of arrest. Also misread the function of the arrest, making the arrests have a lack of quality.The fourth part is the author's conclusions and sound recommendations. Through analysis, I believe that the Xiayedi Procuratorate to maintain a high ratify the arrest rate is reasonable, but in recognition of the high ratify the arrest rate of criminal activities to ensure normal, while effectively combating crime, the suspect must not ignore the human rights protection. A problem for the author put forward four proposals: First, law enforcement investigators to update the concept, implementation justice policy, and establish a people-oriented law enforcement philosophy, focusing on the protection of human rights and respect. The second point is the need for strict grasp the arrest, the need to establish proof system. Certification system through the establishment of the need to promote the investigators decided to further his own rational thinking and careful review to ensure the accuracy of the decision to make the arrest. Third, perfect remedy to prevent extended detention. To continue to strengthen the prosecution in terms of extended detention function to play the effectiveness of judicial relief, through reform and innovation to improve the working mechanism of judicial relief the way, make the law the rights of criminal suspects to give effective protection. Fourth, strengthen investigation and supervision reform, promotion of prosecutors to guide investigation. Expanding early intervention scope of investigation to detect the direction of the guide in time, To full investigation and supervision functions.