Research Report On The Formal Detention Approval Procedure Of A County People’s Procuraotorate

Arrest is the most severe criminal coercive measures of a, if used properly, canplay security criminal lawsuit activity the smooth function, if use undeserved willbring negative effect and harm. In judicial practice, our review arrested work the tenetof "constitutive sin is catch" principle, be arrested high proportion, can’t very wellreflect the protection of human rights. The reform of the system of the arrest incriminal litigation reform upstream of the stage, is of great significance andfar-reaching influence. This research report some county in the choice of theexamination work for arrest procuratorate investigation object, attempts to review thearrest of job analysis, this paper summarizes the review arrested the achievements ofand the deficiency, and puts forward the Suggestions for improving for our country toarrest the reform of the system of the reform of the judicial system and even help thesituation.This article except introduction and ending the outside, the text is divided intofour parts altogether, more than16000words.The first part of the research work mechanism of review arrested. The arrest ofthe examination is put forward by following thereunder preliminary opinions, sectionchief audit, responsible for the process to deputy chief prosecutor. But major difficultcase or not to catch cases often needs to collective decision through discussion by thedepartment. The innovation in the pipe center set up case (independent ofinvestigation supervision branch) is responsible for receiving and sending a necessityto deal with the department for the case as well as in dealing with light damage casesfocus on applicable criminal reconciliation policy.The second part of the review of the status of the arrest work. The hospital from2003to2011is of necessity to rate and not capture rate was95.08%and4.92%respectively. Don’t catch in the case, the fact is not clear, the evidence is insufficientreason not to catch more than the number does not constitute a crime and no arrestwithout having to capture the sum not number. Don’t catch a reconsideration of thecase review of the situation is for0pieces for many years, the public security organrarely used this kind of right. The hospital in the correct leak to the supervision of theplay catch a limited role, every year, the number of cases rarely. Above phenomenoncaused by the deep reason including the current examination system of restriction, more than in the troubled less contradiction and the relationship between the methodfor consideration.The third part analysis the examination work arrested the achievements andexisting problems. The hospital of the achievements including notice of a criminalsuspect the listen to opinions and pay attention to "prior intervention, guidinginvestigation". The problems mainly for: a high rate is arrested; Two is to causedamage to the criminal suspect applicable law injustice; Three is absolutely notcapture some of the case handling damage the judicial authority; Four isreconsideration, check often be not taken seriously; Five is correct to the supervisionof the leakage capture a limited role; Six is to ignore the punishment of arrestconditions and necessary condition.The fourth part is put forward the improvement suggestion to review the arrest.Include five aspects: one is to maintain the legitimate rights and interests of thecriminal suspect concept. This needs to be in the procuratorial organs to undertake thepersonnel to "catch a" concept and pay attention to enable lawyers to play a role in thereview arrested stage; Second, we will improve the relief mechanism was arrested.This needs to be arrested from people review and improve the right to review thenecessity of the arrested after examination mechanism aspects; Three is reform reviewassessment of arrest stage. In the inspection, the staff should be established the faultliability principle, have clearly understand caused by the different crime shouldstipulate disclaimer, so can reduce the personnel of necessity to deal with cases ofunnecessary scruples; Four is to strengthen the public security organs, the burden ofproof. The public security organs should be submitted when arrested in file tostrengthen arrest conditions and necessity of the conditions of the punishment reasonsthings out the; Five is to implement without having dual reasons things out themechanism. The procuratorial organs should pay attention to the public security organto the personnel oral reasons things out and written reasons things out the combined,fight for society to capture the case not understanding and support.