The Proof Standard Of The Examination Of The Arrest

Criminal Procedure Law in 1997 in our country ,the proof standard of the examination of the arrest is having the evidence committing a crime,replace the original:there has been to identify the main facts of the crime.But the revised proof standard of the examination of the arrest is not only can not solve the problem, but also stir up a new trouble. The proof standard of the examination of the arrest is the important part of Criminal Procedure Law.Set a reasonable proof standard of the examination of the arrest or not is not only related to the effective functioning of the criminal proceedings,but also directly related to the Civil Rights in the maintenance,protection of human rights in criminal proceedings has a significant impact. The current proof standard of the examination of the arrest of our country is having the evidence committing a crime.However, in practice there will be arrests subject to investigation as a necessary,affecting the normal function of the play and other defects. The reason why there will be ignoring the law expressly provides that the abuse of coercive measures to arrest,it is because that the proof standard of the examination of the arrest of our country appeared in a number of problems,the current proof standard of the examination of the arrest can not adapt to the arrest of the rule of law and building a socialist harmonious society in order to let the arrest truly ensure the criminal activities carried out smoothly, better to protect human rights,it must have a depth of thinking,discussion the meaning of the proof standard of the examination of the arrest, clearly present the basic problems exist,combined with changes of the Criminal Procedure Law,effective reference the proof standard of the examination of the arrest of foreign arrest useful experience,proposed specific proposals to further perfect the proof standard of the examination of the arrest in our country,benefit the whole system of criminal arrests system.By analyzing the means of the arrest, standard of proof, the proof standard of the examination of the arrest,along with reviewing and evaluating the current proof standard of our country,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.The author introduces relevant standards in other countries, when in determining the proof standard of the examination of the arrest, adherence to high standards principles, objectivity principles, economic principles,that our poof standard should be reconstructed. suggested that the standard examining the certificate arresting should be have verified proof that the suspect a crime has been implemented or under be put into effect committing a crime significant suspicion for regulation having evidence to testify a criminal suspect.