The Research Report On County M Procuratorate's Quality Of Arrest Cases' Review

Insuring for the quality of arrest cases' review and better implementation of the criminal policy of combining punishment with leniency, based on the practice of arrest cases' review, combining with the relevant criminal laws and criminal justice policy, the author will analyze the Research of County M Procuratorate's quality of arrest cases' review and then find the reasons that affect the quality of arrest cases' review and make recommendations to improve the conditions and to improve the quality of arrest cases' review for Procuratorates.In the Chapter One, the author defines the standards of arrest cases' review, which are divided into four elements that concludes the essence standard,the evidence standard, the necessary standard and the substantive standard.Combining with the existing relevant laws and regulations,the four standards were demonstrated.In the Chapter Two, the Research on County M Procuratorate's quality of arrest cases' review are described. The author concludes the conclusion that there are wrong arrests and relatively high rates of procedural errors in the review of arrest.In the Chapter Three, after the analysis, the author proposes the reasons of impacting the quality of arrest cases' review, which are the difficulty to grasp the statutory requirements of arrest, the lack of due process in the review of arrest cases, the concept of biased law enforcement, the lack of useing alternative measures of arrest and the over-expectation and over-function of arrest, the above five points are the most important reasons.In the Chapter Four, the author presents how to change the statuation of low quality of arrest and improve the quality of arrest cases' review. The keys should be based on the principle of "consistent with the law, consistent with the discipline, consistent with investigators need".In the existing legal framework, there should have to seek the best join point of protecting the smooth progressing of criminal procedure and protecting the suspects' human rights. Regarding the features of review of arrest, to modify existing laws, improve the legal conditions of arrest, to establish a relatively reasonable quality standards of arrest cases' review with a more scientific evaluation, to improve the procedures of the review of arrest focusing on its legitimacy, to change the traditional conception, function and expectation of arrest.While there should have to strengthen the use of alternative measures of arrest, and adjust the quality index in practice, for a proper evaluation and assessment of the review of arrest, eventually to improve the quality of arrest cases' review.The conclusion proposes a principle which is demanded in the operation of systems, that is, there should have some correct evaluation criteria, effective supervision and perform security,while there should have some restraint measures of carrying out obligations to ensure situation of the law enforcement after legislation, that's the author's research experience too.