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Research For The Lack Ofarrest Problems And Resolution

Posted on:2015-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y L YangFull Text:PDF
GTID:2296330452456362Subject:Science of Law
Abstract/Summary:PDF Full Text Request
As China’s Criminal Procedure Law arrest system has one of the most stringentenforcement measures to punish crime and protect the human rights of criminal objectivesand functions, occupies an important position in the Criminal Procedure Law, but alsoplays a more important role, so it is a criminal law field study scholars generally pro-gaze. The need to issue the arrest of one of the research focus of the revised CriminalProcedure Law widespread concern, Selection of the review and the need to arrest thispaper finds that undoubtedly has important theoretical and practical value.This article is a typical three-part model, from what is the need to review thenecessity of the arrest and the arrest and found nothing, why the need to arrest the reviewand concluded that the need to examine how to make the arrest and identified three areasstudied.The first part is the need to arrest the general principle of the introduction, a briefanalysis of the meaning of the arrest and the applicable conditions necessary to arrest thesubjective and objective criteria and identified the need to review the arrest and identifiedthe need to review the meaning of common law, civil law Department of the Two majornational practice and inspiration about the arrest and identified the need to review ourcountry.The second part focuses on the arrest of the status quo of China’s elaborate legislativebody status quo siuation and the need to apply the theory and use of the status quo basedon the need to arrest the arrest function proposed alienation exists in practice, the conceptof litigation and other problems, problems in restatement Based on the concept from thelitigation, litigation system, the objective reality of the causes of the arrest of the threelevels of the necessity of being dummy analysis.The last part is the basis of the previous two sections, from theory to improve arrestnecessity, the need for legislation to improve the arrest, the need to review and improvethe arrests recognition system, implementing the criminal policy of combiningpunishment with leniency in the direction to explore three major improvement path of thearrest and identified the need for review.
Keywords/Search Tags:arrest, necessity of review, arrest rate, blurring
PDF Full Text Request
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