On The Reform Of The Authority To Arrest Procurator Commited Durity Crimes Passed To Higher Level

According to request of the central judicial reform on reforming and perfecting the system of arrest, the supreme People’s Procuratorate formulated the "on the provincial level people’s procuratorate cases by the people’s procuratorate at the next higher level for examination and decision of the provisions of the arrest (for trial implementation)" and formally issued implementation in September2009. Since then, the right to review and arrest of crimes taking advantages of duty was passed from the original office to the next higher level exercise procuratorial organs. It aimed at strengthening the supervision of duty crime detection activities, promotion of investigating cases of official crime according to the law, and effectively safeguarding the legitimate rights and interests of criminal suspects. Three years since the operation, this reform did make some achievements, but inadequate systems sets itself and related mechanisms also appeared.In this paper, the author analysis the reform practice in operation, and presents some thinkings on perfecting it. This paper is mainly divided into three parts. In the first part, the author briefly explains main legal procedures of duty crime review arrested right reform. On the base of analysis of the situation of duty crime review arrested in Hunan Procuratorate after the reform and enumeration of some typical cases in the judicial practice, the author summarizes the performance of reform on review and arrest rights of duty crimes in these three years. In the second part, the author points out that during the implementation of this reform, some municipal procuratorates assign cases against rules to circumvent supervision by superior, and some lawyers are involved in the review and arrest of duty crimes. The reasons to prefect related procedures are also presented. As the existence of two defects presented in this part, in the third part, the author propose to establish rank jurisdiction procedure legal punishment mechanism by clearly define rank jurisdiction of People’s Procuratorate and procedure legal punishment against violation, and establish procedure legal punishment mechanism. Enhance the openness of existing crime review arrest procedure, and comprehensively improve reforms on the lawyer’s intervention procedures from several aspects including setting told procedures, appointment procedure, counsel and evidence material review and processing procedures, review the results of feedback procedure and so on.