An Investigation And Analysis On Arrest Power Of Post Crimes Being Raised A Level

Arrest provided on Criminal Procedure is just a kind of criminal enforcement measures, and its main function is to protect the progress of the proceedings smoothly, but in practice, arrest is reduced to aid the investigation continually, especially in crime by taking advantage of duty. In current judicial practice, the mandatory of arrest is more concerned, but safeguarding human rights as the other value of arrest is ignored. The modern concept of justice requires both fighting against crime and protection of human rights. False arrest is bound to cause great human rights violation, and not being arrested after the review is actually the protection of the suspect's human rights. Therefore, the modern law needs to limit strictly the entry to be arrested. After studying the judicial review mechanism of arrest abroad, arrest mechanism is clearly visible for cautious, seeking to achieve the unity of the arrest of suspects and the protection of human rights.With the awaking of awareness of human rights, it is found that the judicial handling mode of own investigation and own arrest is incompatible with the judicial reform background of human rights protection. Central Committee of the Communist Party of China also attaches great importance to the supervision of prosecutorial power, especially of duty crime investigation. Before the changes being made in Code of Criminal Procedure, Supreme People's Procuratorate finally issued a "below the provincial level People's Procuratorate on file for investigation in the case of higher level people Procuratorate for examination and decided to arrest (Trial) "to strengthen the position of the constraints of power to detect crime and protect the human rights of criminal suspects, after several rounds of pilot work and expert meeting, in September 2009.Being trialed for over a year, does this reform eliminate the drawbacks of own investigation and own arrest or not completely, or strengthen the constraints of duty crime investigation or not? The answer needs to be found in the empirical research of the way for review of job-related crimes to arrest. In order to have a clear knowledge of this situation and do some thinking of perfecting the current way for review of job-related crimes to arrest, the author through the internship opportunity in investigation and supervision department of Jinzhong's Procuratorate, get a lot of valuable first-hand information, with the support and help of prosecutors there. Therefore, the author performed a superficial empirical analysis as the research object to the situation of duty crime arrest in 2006 to August 2009 and the situation in September 2009 to December 2012. We can conclude that right of duty crime arrest being raised a level has obtained a good justice and social success, but there are also some practical obstacles. We believe that this reform can be more perfect by taking some effective measures.