On The Ownership Of Power To Decide Arrest

Arrest is the most severe compulsory measures in China. Whether it is applied properly or not, it relates the arrested one whose freedom can be effectively guaranteed. There is a lot of wrong arrest phenomenon. Therefore the arrest program is designed scientifically or not, which relates to this problem can be well resolved not. Who has the power to decide arrest is a hot argument in academia and judicial practice. Some think that the power to decide arrest belongs to the court, because the neutral position of the court judge can form the opposition structure of accuser, defender and judger. The structure doesn’t reflect the power’s scientific configuration, but the modern lawsuit theory’s value pursuit. The opposite idea thinks our country has no related legislation and judicial system to grant the power to the court to decide to arrest. How to make the court be neutral is also a problem, because the court can not make a neutral trial if it has the power to decide arrest. Of course, there are still many arguments about it. In a word, what they are arguing is to realize the judicial justice in our country. This paper starts from the basic meaning and characteristics of the power to decide arrest, introduce the argument about the power to decide arrest in academia, study our country’s present situation of arrest censorship, gives some problems which exist in the process of arrest. Through the foreign legislation and judicial practice experience, this paper puts forward the future ideas that the power to decide arrest belongs to the court. This paper gives some measures to perfect the present arrest system that the procurator ate decide to arrest to give some help to the arrest process reform.