Perfection Of The System Of Putting On The Arrestment Right Of Duty Crime In China

Arrest is not convicted of criminal suspects to take the most severe criminal compulsory measures, the prevent crime suspect escapes from investigation or impede investigation plays an important role, is proceeding the advantageous safeguard. However, application of arrest and criminal suspects human rights are closely related, if the abuse of the arrest measure will on others and causing serious infringement of freedom. However, long-term since, the procuratorial organs in China crimes are set to detect, capture, V. three right in one body, resulting in the absence of monitoring, seriously affecting the procuratorial organs of justice and accountability. In the case of comprehensive measure, in September,2009.the Supreme People's Procuratorate officially issued" on the provincial people's Procuratorate the case on file for investigation by the upper level people's Procuratorate decides to arrest the regulations (Trial )" ( hereinafter referred to as the" provisions" ), the duty crime case review decided to arrest put on a level. Optimization of functions and powers of procuratorial organ as a relatively reasonable reform measures, the duty crime to review the decision of arrest on a system level requirements prosecution investigators in investigating the crimes in the process, in the face of punishing crimes and safeguarding the human rights of criminal suspects, in considering whether to apply the arrest measure to uphold the interests balance the idea was to choose. Do to some extent solve the supervision problem, further strengthening the prosecutorial supervision, procuratorial organ personnel according to fair exercise of its powers, feasible, is a progressive reform. But in practice, the procedural reform certain provisions in principle regulation, because of the lack of specific, clear rules for the operation and other factors, and gradually reveals to face the reality of bottleneck. This article will be occurred on 2010 in Sichuan Province in Ganzi Tibetan Autonomous Prefecture a embezzlement case as the basis, through the case of case analysis, combined with analysis of process thinking and enlightenment, the case that highlights in reflecting the arrestment conditions standard yardstick grasp anomie, examine and arrest duration, stress problems the procuratorate supervision functions are weakening of legal rationality and validity analysis, and then, in view of the existence question proposed practical response value conception. Finally, this article according to the case that cannot reflect to, but in the practical operation of prominent problems and controversial issues were added and a more in-depth, detailed study, put forward to perfect the proposal, In order to improve the duty crime arrest promotes the procedural reform.