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The Analysis About The Reasons Of The Abusing Of The Arrest Produces And The Countermeasures

Posted on:2014-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:J L WangFull Text:PDF
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Arrest procedures are playing an important role in the theoretical studies and in practice. But for many kinds of reasons, in the legal practice, the arrest procduces are often abused. The thesis studies the problem of the abusing of the arrest procedures on the basis of a grassroot procuratorate, and gives the methods of solving this problem.The first part elaborates the abusing of the arrest produces, the manifestations and the harmfulness. In Chinese law, the arrest produces include forcing the suspect to the court and long time detaining after arresting. The arrest produces include the work of the public security organ, and the prosecutors and the judicial organs. In the practice, the main circumstances of the arrest procedure are as follows, first, the decision of the arresting is determined by whether the suspects compensate, second, the arrest because of the departmental benefits while there are only minor crimes, third, the arrest is out of preventing victims from appealing; fourth, the arrest is for preventing from the changing of the evidences, fifth, the arrest of avoiding the using of bail and residential surveillance. The abusing of the arrest will damage the rights of the suspects and the authoritativeness of the law. So we have to solve these problems. The abusing of the arrest procedures is harmful to the consistent with the presumption, the principles of protecting the human rights and the principles of due process.The second part lists the reasons of the abusing of the arrest procedures. The main reasons are the old legal ideas and the unreasonable judicial systems. The former factors are the old legal ideas and the quality of work. The later factors are as follows, first is the unreasonable review mechanism, second is the unreasonable assessment mechanism, third is that the procedures are not public, so the long time arrest took place, fourth, the supervision and the relief of the arrest are not perfect; fifth, the law is not so perfect.The third part elaborates the proposals of enhancing the arrest procedures. First, we should establish the principles of the reasonable arrest. Second, we should make the procedures more strict, establish effective arrest system, examine the conditional arrest, check if there is danger to the society. Third, we should establish the examination of the necessity of the arrest. Fouth, the clauses about the minor should be implemented. Fifth, we should enhace the guard system, the supervision system, the relief mechanism and the alternative measures of detention.The modification of The Code of Criminal Procedure gives us the chance to enhance the arrest procedures. Meanwhile, the modification puts forward higher requirements for our legal practice. The solving of the arrest abusing should establish on the enhancement of the laws and the innovation of the practice. As members of the foundational unit, we should learn the new legal provisions, do all that we can to complete the arrest procedures.
Keywords/Search Tags:the abusing of the arrest produces, the legal ideas and the judicial systems, system protection, supervision and relief mechanism
PDF Full Text Request
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