On Judicial Review Of Arrest

Arrest is the severest compulsory measure. In our country, arrest often means long term's custody. Review of arrest in our country is mainly undertaken by prosecutor, and only few reviewed by the judge. In foreign countries, arrest is commonly reviewed by the judge. For the regulation of state power and protect human rights, only the neutral court can guarantee the justice of arrest. And this is a universally applicable standards of criminal procedural. The function of our country's arrests measure is often alienation, so arrest is often over used. This thesis study our current regulations of arrest system, expose the problems and compare with foreign arrest systems, and based on these analysis, we put forward a suggestions of reform. Specifically, this thesis consists of four parts:The first chapter:first we compare the concept and feature of arrest and made a simple content of it. Meanwhile, we study the concept and the foundation theory of judicial review system and the related basic theory. As the severest compulsory measure, it deprive the relevant person's freedom as the condition, therefore arrest should be examined subjective neutrally and prudential.Chapter 2:we investigate foreign countries'arrest system. This chapter compared from the two different related legal systems. For the Common Law system, we choose Britain and America as the study goal, for the Civil Law system, we selected German and Japanese arrest system. These countries' arrest is often examined by the neutral judge which we called judicial review of arrest. At the same time, these countries also provide corresponding exception rules, in order to fight against crimes timely. These mature foreign systems of arrest provide a good reference for our country.Chapter 3:by study the legislation and practice situation, reveal the exist problems of our country's arrest system, such as the abuse of arrest. And all these problems are regard with our country's legislation and judicial concepts and the reviewer of arrest. The prosecutors in criminal procedural are in the prosecution status, so whether they can be neutral judge in review of arrested were suspected. We must devote to reform of our country's arrests system. For it is good for judicial fairness, controlling the prosecuting power, guaranteeing human rights, as well as on international duty response.Chapter 4:the chapter mainly discusses the feasibility of constructing our country's arrests judicial review system. According to it, we make some concrete suggestions. In the choice of the judicial reviewer, the neutral courts is the best choice. We can establish judicial review court in primary courts, and adopt the way of judicial authorizedand judicial relief.Also we should establish the exception rules of the strict judicial review, in order to fight against the crime timely.