Study On The Mechanism Of The Restriction To Attorney Of The Arrest Right

Arrest is criminal procedure the most severe a compulsory measures. The meaning of the compulsory measures is to ensure the smooth progress of criminal procedure, and in the judicial practice, often it as a restriction of personal punishment, and even appeared "to capture the generation surveillance" phenomenon.The criminal procedure law of our country task is to fight crime and guarantee human rights, but in the application of the criminal procedure law, but there was in the process of the theory and practice of disrupted, the right to arrest the value orientation of exercise appeared on the unbalance, even arrested the execution of the right of human rights violations, so our country caused to arrest the compulsory measures shall conduct limitation, this paper studies the procuratorial organs in ZiZhen case in the course of investigation, ZiZhen case to arrest the power restriction mechanism, and based on the study of optimization idea.For a mechanism research, should include the theoretical research and empirical research. The theoretical research is to through the research literature to get material, on the material analysis, this paper puts forward the procuratorial organs after the arrest of the concept of the restriction mechanism. On the basis of a continuous process, perfect, and finally form the restriction mechanism to arrest the complete overview of. The empirical study is based on practical data of empirical studies, the restriction mechanism as the core program arrest carry on the level of a variety of data comparison, get arrested carry on the practice of the level of performance. But carry on level1is different from restriction mechanism, carry on the level of the program only restriction mechanism of review procedures, it does not constitute a complete restriction mechanism, also ought to be in on the basis of review procedures, to monitor and relief program. The complete procedures adaptive restriction mechanism, through a series of procedures, to take exercise in the process of the problem to be automatic response. In the theoretical research and empirical research, on the basis of fully understanding the arrest of the power configuration, arrested the power restriction mechanism and restriction mechanism problems.This paper, from the concept of the arrest and power allocation and restriction mechanism of the definition and all kinds of traditional restriction mechanism introduction, ZiZhen case arrest decision restriction mechanism construction, and restriction mechanism supporting system, and the relief mechanism and guarantee the operation of the restriction mechanism perfect five parts of procuratorial organ to arrest the decision restriction mechanism research.The arrest of the concept and power allocation.The concept of arrest decision according to China’s "criminal procedural law" the132th regulation, refers to "the people’s procuratorate in a case directly accepted article sixtieth conforms to the provisions of this law, paragraph4of article sixty-one, paragraph5cases, need to arrest or detention of the criminal suspect, the people’s procuratorate to make decision, executed by a public security organ. This law is to take the decision of the complete definition. And our country and most western countries are different, will arrest the decision power configuration in the people’s procuratorate.Second, the restriction mechanism and all kinds of definitions of the introduction of traditional restriction mechanism.The arrest of restriction mechanism is arrested right system, the right of ZiZhen case arrested a basic mechanism. It is through the timing together, arrested the decision exercise and restriction of the process, that is, through the arrest of the exercise subject to arrest the object of the legality of the review, and in the process to take exercise discretion of the subject’s action, and the result of power to restrict the behavior, by adaptive law program together by the formation of the mechanism, is arrested the power restriction mechanism. ZiZhen case arrest decision restriction mechanism construction.Restriction mechanism called a complete mechanism, there should be a main body, object and restricting program mechanism and supervision mechanism. ZiZhen case the arrest carry on level1is a chance, although its itself is not perfect, but to constitute the core of the arrest of the restriction mechanism of program. Through the mechanism itself of a series of procedures, to take the decision to restrict, and if the restriction appeared in the process of the illegal activities, and restriction mechanism itself will be through the program independent repair and adjustment.Restriction mechanism supporting system, and the relief mechanism.Relief mechanism, parallel to the restriction mechanism, should be a guarantee of restriction mechanism. Relief mechanism is restriction mechanism supporting system, the existing significance lies in relief mechanism, not only for the people’s procuratorate provides arrest decision error exercise, self-correction opportunities, but also for the criminal suspect provides exercise yourself in investigation activities have been neglected litigation rights of the opportunity.Security restriction mechanism of perfect operation.In order to ensure the smooth operation of the restriction mechanism, the need for the review process improvement, improve efficiency, achieve the effect of restricted; Also need to restriction mechanism to optimize the relief mechanism, improve the people’s supervisor system, not to change the existing lawsuit system of the premise, the greatest degree to realize human rights.