Lawyers Involved In Review And Approval Of Arrest System

The arrest system is constantly a heated discussion topic among legalpractitioners. Some focus on the perfection in arrest’s substantial level, requiringnormative condition of arrest;some emphasize the perfection in arrestprocedure,demanding procedural justice and transparence. Arrest system in entitylevel is no doubt significant, arrest system in procedural sense, however, should notbe ignored. Recent years, the ideology of human right protection and proceduraljustice is prevailing and influences extensively, under the influence of globalgoverned by law’s trend of development. Not only the criminal procedural law issignificantly amended, adding many clauses of procedural justice, but also theimportance of procedure in judicial cases is highlighted. The procedure of review andapproval of arrest is a central one among arrest procedure, which directly determinewhether criminal suspect or defendant’s freedom would be deprived or not. How toperfect the procedure of review and approval of arrest, is the key step of promotingthe reform of arrest system.The new ‘criminal procedure law’ that is implemented from1stJanuary2013andthe procuratorial rules which is revised by Supreme People Procuratorate establishedlawyers involved in review and approval of arrest system, which means the reviewand approval of arrest system strides forward to litigation orientation. This system hasa positive impact in respecting and safeguarding human rights and promoting judicial fairness. Since the legislation has just started, however, some provisions areexcessively rough and the supporting system did not follow-up. The rate is low thatlawyers involved in this system and the feasibility is weak. Accordingly, the authorsystematically analyses lawyers involved in review and approval of arrest systemfrom theoretical and practical level, combining foreign advanced legislation examples.Perfect path of lawyers involved in examination and approval of arrest system isconcluded and suitable operational mode of this system is attempted to be explored.This thesis is divided into four parts:The first chapter discusses the concept and character of lawyers involved inreview and approval of arrest system, distinctly elaborating the characteristics of itand analyzing it from theoretical basis and valuation.The second chapter analyzes the main problems of lawyers involved in reviewand approval of arrest system in legislative and judicial practice. Through legislativelevel’s analysis, it is argued that rough legislation and weak supporting measures areexisted in this system. By analysis of practical research, it reveals that the rate oflawyers involved in review and approval of arrest system is extremely low.The third chapter introduces two different foreign kinds of lawyers involved inreview and detention system, including ‘Judicial Hearing Mode’ and ‘SuggestionHearing Mode’. Getting through comparative study of these two modes, referencevalue for our country is proposed.The fourth chapter presents the establishment of procedure and related supportingsystem in detail, indicating that it should be refining form legislation. Lawyers’ entityright should be protected and lawyer’s procedural remedy system should beestablished. Legal aid and explanation system should be further consummated.