A Study On The Process Of Arrestment

Arrestment, as one of the compulsory measures in criminal procedure in China, has in effect resulted in long-term detention of the suspect. Therefore, wrongful arrestment may severally infringe an individual’s right. Modern legal principles such as the principle of human-right protection and the presumption of innocence theory require due process of arrestment. However, there are a few defects in the current arrestment procedure in China, for example, lack of independence of the arresting party, strong administrative dominance in the arresting process, lack of respect of the arrested suspect and lack of remedies after arrestment. To realize due process of arrestment in China, it is recommended to build up a judicial review system of arrestment, which includes the acknowledgement of the independence of precautionary custody, establishing the neutral and independent status of the arresting party, building up a tri-angle litigation model, ensuring the full exercise of the rights of the suspect, the defendant and lawyers. In addition, due process of arrestment requires the establishment of a diversified and effective post-arrestment relief and amendment system.