Study Of The Practice And Reform Of Arrest System

How to reform the system of arrest to lower the high rate of custody in turn to protect human rights actually and maintain a stable and harmonious society and has become a pressing issue before both in the practitioners and academics. This article analyses the present situation of the judicial system of arrest by the way of empirical research and points out its function to ensure the smooth conduct of criminal proceedings, to protect the human rights of criminal suspects, protect society and citizens from infringement, timely detection of missing crime, missing offenders and correct the illegal activities in investigation, legal education, and other functions.Through observation of the procuratorial organs in approve arrest in recent years, especially the analysis the arrest rate of our country and four municipalities directly under the central government and Guangdong province, we found that a higher rate of custody exist in China, even in some places where there exist the problem of generalized custody. Furthermore, we found that many mistakes exist in our judicial practice,for example the lack of channels for relief, the absence of legal supervision, extended detention and other issues, the human rights of criminal suspects and defendants repeatedly violated, and so on.This paper argues that above phenomenon caused by many reasons, the weak of awareness of the investigators and prosecutors in protecting human rights and significant trends of fighting against crime and controlling crime is the main ideological root level. Furthermore, there exist many reasons in the level of system design and judicial application, include:investigation centered; great importance to the suspect conditions and underestimate the necessary conditions of arrest; lack of relatively specific provisions for the scope of arrest:arrest detention period to be confused with the deadline for handling; the approval process to extend the arrest period is not strictly; review arrest system design unscientific; alternative measures of arrest is imperfections. The reasons in the level of judicial practice include:investigative organs over-reliance on confessions; unscientific assessment standards of the authorities; small number of local party committees and governments based on maintain party stability to interfere with the handling of specific cases; the absence of social management on the suspects and defendants who didn’t be arrested, and the degree of public acceptance in out of arrest is low.On the study of foreign and China’s legal system, as well as China’s procuratorial organs review arrested work empirical research, this article has been put forward some Suggestions to reform and perfect the system of our country arrested:Change the concept of law enforcement, to establish the concept of the punishment of crime and protection of human rights and try to foster the pursuit of justice and maintain the efficiency, and establish a "presumption of innocence" and the concept of careful arrested. In terms of the specific system, we proposed to amend the Criminal Procedure Law, fine the necessity of the arrest, and strengthen the demonstration and assessment of arrest and perfect the review arrest mechanism to implement the principle of direct words, to make censorship more judicial review features. Furthermore, the detention period and the deadline for handling separation, and focus on strengthening the period of detention supervision and management of extended detention sanctions and so on, so as to provide supporting measures on perfection of the system of arrest.The main difficulties we encountered in this article is the statistics of the rate of custody. From an ideal state is concerned, the standard rate of custody should be all prosecution case one-to-one custody case before trial ratios, but for technology reason, the data cannot be made, or no existing data are available, if do the statistics, the workload is quite large, and has still only of the foot, a short time of data, also does not have representative. Therefore, by the existing data to analyze the samples, in order to reflect the general situation of the rate of custody. In addition, although the system of foreign custody theoretical research material though many, but empirical material has very limited, so the practice of foreign arrested custody system operation we find it difficult to grasp. In order to compensation, this article should also continue in-depth study at home and abroad in different parts of the practical implementation of the arrest of the detention system, through a comparative study, to analyze the factors affecting the custody rate and find more effective measures to reduce the detention rate, further improve China’s arrest system, so that protect the human rights and the rule of law system factually.All in all, the reform and perfect of Chinese arrest system should follow the historical trend, it is necessary to comply with the regular pattern of criminal proceedings, but also establish the arrest system conform to the rule of law in national requirements.