Research On Substantial Condition Of Arresting

Arrest, a deprivation of personal liberty, is the most severe criminal compulsorymeasure, the correct premise and foundation of the application of the measure is toscientifically provide the substantial condition of arrest. Based on the in-depth analysis ofthe substantial problems of arresting conditions, in reference to the extraterritorialprovisions and the main academic viewpoints, this paper puts forward suggestions toimprove the substantial condition of.The paper is divided into five parts:The first part is about the substantial condition of arrest. Through the analysis of theinterpretation of the legal concept of arrest and custody, it is agreed by the author that thereis no need of amendment for the legal concept of arrest in China. By analyzing substantialcondition of arresting expression law, the substantial condition of arresting amendments,the author classified arrest conditions into three categories: evidence condition, penaltycondition, and social risk condition. Through the review of extraterritorial detentionevidence condition, penalty condition, and social risk condition, the author came to severalconclusions.From the second part to the fifth part, the evidence analysis of condition, penaltycondition analysis, social risk condition analysis and special arrest condition analysis arediscussed respectively. Through analysis of the main point of the regulations of our country,the existing problems, academic circles, the author puts forward concrete advices.