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The Issues In The Arrest Produces And The Countermeasures

Posted on:2016-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y R LiuFull Text:PDF
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Review of arrest, is a very important stage in the criminal suit, it will not only further investigation of a case plays a key role, but also has a noticeable impact on the concept of criminal litigation practice. The objective is to limit the arrest the offender through coercive measures of personal freedom, the detection of the case, and ultimately enable suspects punished. Arrest should not only shoulder the punishment of crime concept, more should carry out the safeguard of human rights thought. Only when the use of the compulsory measure is reasonable use, can be completely provided guarantee for the rights of citizens. However, various problems of arrest procedure in reality has seriously affected the examination of arrest should play the organic energy. This paper mainly by the Longnan City People’s Procuratorate from 2009 to 2014 all 5 years review of arrest data as the basis, through the analysis of the Longnan Municipal People’s Procuratorate review of arrest, from overfishing, wrong arrest, drain trap to examine three reality review of arrest problems, to explore the perfect problem of review of arrest to seek truth from facts spirit.This paper is divided into four parts, the first part mainly expounds the connotation and denotation of arrest. The arrest of a as in the criminal suit of our country compulsory measures, can directly deprived of personal liberty of citizens, citizens freedom of influence.Only a clear definition of arrest, to continuously strengthen the control on the arrest of supervision, to solve the judicial practice a lot of doubt does not catch, illegal overfishing, leaks the crime committed many problems such as leakage.The second part has enumerated several kind of situations and causes of problems in the program review of arrest, mainly by the Longnan City People’s Procuratorate review of arrest as the basis, the analysis of the causes of overfishing, wrong arrest and drain trap in our country in the process of review of arrest. There are specific divided into:fuzzy evidence standard of review of arrest, application of the principle of legal flaws, and unreasonable investigation of inertia. The practice of censorship and arrest the main questions are overfished, arresting, and drain trap three cases, excessive to catch and catch mistake frequently exposed in the public eye, but the drain trap is often neglected by people. Therefore, in real life, examine and arrest the problems whether the realization of criminal suspects and the accused person right or justice idea has the harm can not be ignored, should continue to these errors.The third part introduces the detailed provisions of foreign laws is relatively complete national for review of arrest this problem. Through the comparison of the America, British, Japan three countries to arrest system related with the provisions of our arrest system similarities and differences, from which apply to our place, help relief mechanism is established in line with international examination mechanism.After the fourth part of the analysis of the similarities and differences between foreign countries and our country law is complete in the examination of arrest, put forward countermeasures to improve China’s arrest system. First of all, we must change the unreasonable investigation inertia; secondly, by referring to foreign arrest system to improve China’s arrest proof standards; again, give the procuratorial personnel reasonably believe inner sense of right; finally, the implementation of the procuratorial agency interior and the social public widely arrest ginseng and post review mechanism. Drawing the compulsory measures adopted in different foreign countries under different situations, and constantly improve the measures.
Keywords/Search Tags:Review of arrest, The facts of a crime, The standard of proof
PDF Full Text Request
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