On Perfection Of The Writ System

The writ system is a standard action mechanism by writ in pretrial procedure. The writ system is trial procedure before litigation, representing the judicial power to administrative power constraints. The writ system construction and illegal evidence exclusion rule echoed, for the protection of human rights of the suspect in the pretrial procedure provides strong basis, also has provided the practice rules of procedural justice. Warrant system gives neutral judge in pretrial procedure of opportunity, of coercive measures shall be applicable lawsuit decided to exclude application of illegal evidence, the prosecution and the accused formed equal confrontation, is conducive to the procedural justice. Therefore, the writ system of investigation power constraints of the investigation organ, the full protection of the human rights of the criminal suspect has important practical significance.Origin of the writ system in England, after the United States, Germany, Japan and other countries widely introduced the generalized, some countries even the system is written into the constitution, in order to carry out the core thought of human rights guarantee. Therefore, the writ system before trial procedure is the development trend of the modern rule of law.In recent years, due to the progress of our country economy rapid development and people’s thinking of the rule of law, the growing awareness of the protection of human rights in criminal litigation, criminal litigation system in a certain extent progress, however, China’s arrest warrant issued, and a review of the principal for the procuratorate, warrant, inspection, search warrant by the public security organs issue, lack of supervision, resulting in the practice in criminal abuse, misuse detection measures and trample on the rights of the criminal suspect has occurred from time to time. Therefore, it is necessary to perfect the system of writs., of course, the writ system is a part of the procedure before trial and the whole criminal proceedings, need to make progress together with the whole criminal procedure system. The writ system perfect and need to illegal evidence exclusion of the perfection of the system of specific rules, also need the independence of judges, law review, and separation of the judicial system reform, not just stay in the existing system. Only comprehensive and perfect related systems such as provisions, apply to the writ of the standard of proof, improve writ issued system etc. to the writ system truly play its role.