The Research On Constructing A Procedure Of Relief To Examine And Approve Arrest

The procedure of relief to examine and approve arrest, is a procedure of relief for suspect when he dissatisfied with the decision of approving arrest made by the authority of review of arrest. Giving the right of relief to suspect is not only the embodiment of the due process of law and safeguarding human rights, the requirements of the rule of law, impartial administration of justice, is also an important guarantee of a fair trial to the suspect. However, in the course of development of China’s Criminal Procedure Law, the lack of culture of the right to relief, the right to set up pan-moral as well as the investigative powers of arbitrary, making such an important a relief procedure did not receive proper representation and attention. Blank on the legislative and judicial practice, criminal suspects, examining and approving arrests the absence of the relief procedure, and greatly damaged the legitimate rights and interests of the suspect. We should start from the main exercise to review the right to arrest relief, during the statutory subject matter, methods to construct a procedure of relief to examined arrest. The paper is divided into four parts. The first part analyzed the theoretical basis of the procedure of relief to examine and approve arrest:first, to define the concept of the procedure of relief to examine and approve arrest; to explain the theoretical basis of the procedure of relief to examine and approve arrest, From the protection of human rights, due process and the balance of powers, one discusses the theoretical basis for procedure of relief to examine and approve arrest. The second part explores the reasons for the lack of procedure of relief to examine and approve arrest, including the right to relief lack of culture, heavy blow to protect the concept of the proceedings light, and the investigative powers of arbitrary three aspects. The third part focuses on the foreign procedure of relief to examine and approve arrest, summary the common in procedure of relief to examine and approve arrest of civil law and common law countries, and comparative analysis the enlightenment to China. Through research and analysis, the paper tries to clarify:China in the process of advancing the rule of law should be established to procedure of relief to examine and approve arrest, in order to better protect the legitimate rights and interests of the suspect. Improve China’s human rights protection, due process line arrest system to achieve the mutual restraint of power between law enforcement agencies and the judiciary for judicial, give my own opinion to reform of China.