A Study On Norm Of Procuratorial Nterpretation In Reviewing Arrest

Reviewing arrest tops the three duties of investigation supervision as the most routine work of investigation supervision on procuratorial organs which shall approve or not approve arrest after accepting and hearing a reviewing arrest case in line with laws. How to make reviewing arrest decision by procuratorial organs convincing to the public? Besides increased reviewing arrest transparency as well as just and law-based arrest execution, procuratorial interpretation functions as another key link in reviewing arrest. In accordance with laws and regulations in current use in China, procuratorial organs shall provide explanations for disapproval of arrest. However, there has been clear and operational provision on content, procedure or form of interpretation of disapproval of arrest. In practice, with respect to cases decided of arrest, it is also necessary for procuratorial organs to provide investigation organs and the victim with explanation and interpretation, but current laws do not make provisions for arrest approved cases in view of procuratorial interpretation, and interpretation scope, content or procedure after arrest. Therefore, a study on norm of procuratorial interpretation in reviewing arrest is of great value to perfect criminal procedures and achieve procuratorial supervision in an all-round manner. This paper adopts textual analysis, system analysis and combination of theory with practice. It begins with theoretical elaboration of reviewing arrest connotation, legal regulations and procuratorial interpretation in reviewing arrest and finds that at the theoretical level, laws only require procuratorial interpretation for disapproved arrest decision with unsound norm of procuratorial interpretation and procuratorial interpretation after arrest is not specifically required either. Then practice data and typical cases of procuratorial interpretation in reviewing arrest of People’s Procuratorate of Suxian District from2006to2011suggest that in practice procuratorial interpretation for disapproved arrest is not convincing and targets single object. Procuratorial interpretation lacks unified legal basis and supervision on procuratorial interpretation is far lagged behind. And there is ambiguity in after-arrest procuratorial interpretation scope and difference with procuratorial interpretation of disapproved arrest. Finally, suggestions are put forward in five aspects of establishment of correct law enforcement concept, formulation of normal and abnormal norms of after-arrest procuratorial interpretation, improvement of procuratorial interpretation norm for disapproved arrest by expanding interpretation scope and working out interpretation standards, regulation of procuratorial interpretation form and content, as well as construction of procuratorial interpretation supervision system. It is expected that a new norm on procuratorial interpretation in reviewing arrest can be worked out though perfect law system and judicial experience in practice.