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On Reform And Perfection Of The Arrest System Of Our Country

Posted on:2016-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:F LuoFull Text:PDF
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The arrest, one of the most severe criminal coercive measures in our country, plays a major role in ensuring the smooth progress of criminal proceedings and the assurance of human rights. Despite that China’s new criminal procedure law has detailed provisions in arrest’ condition, approval procedure, measures of supervision, and the right of criminal suspects that arrested in phase, however, due to the long time affection by traditional legal culture such as obligation standard, stressing striking and neglecting protection, there exist some loopholes and unreasonableness in the legal system design, which causes some problems in real judicial practice, adopting inappropriate arrest measures for example. Through the analysis and summary, the main problem lies in that the setting of the three conditions of arrest is unreasonable:it is not easy to master in real practice; the lack of necessary supervision of changing coercive measures after arrest; too long detention time, the imperfection of arrested relief system, the insufficiency of protecting the legitimate rights and interests of criminal suspects, etc. Since these problems involve all processes of the whole arrest system, therefore, if they can’t be solved in time, they will affect the implementation of the arrest purpose in specific cases, and may even affect the public credibility of criminal justice, which is quite unfavorable to the country’s law construction. As far as the author is concerned, the only way to solve these problems is to carry out the judicial reform to improve the arrest system. Hence, the first thing that had to be done is to have a thorough study and analysis of the current system, to summarize the existing problems, to find out the causes and solve the problem specifically. This paper is mainly about the analysis and study on the arrest system after the update of criminal procedure law around those problems mentioned above.The paper consists of three parts. The first part puts forward the existing problems in our country’s legislative and judicial practice of the arrest system:The unreasonable establishment of arrest conditions; light punishment due to the considerable big subjective options in arrest practice; the serious phenomenon of procuratorate approval but police bail; the lack of legal basis of the supervision of the procuratorate; the necessity to refine the rules of necessary censorship after arrest and detention because of its ambiguity; the long investigation and detention deadline after arrest for those simple and minor criminal cases; and the lack of relief measures for the arrested criminal suspects. The second part aims at discussing the systematical analysis of the causes of the existing problems in our country’s arrest system. They are:the concept of obligation standard; the weakness of procuratorate supervision due to the lack of judicial neutrality; the deviations in understanding the nature of the arrest; the poor consciousness of human rights protection of the judicial personnel. The third part presents the judicial concepts that the reform should adhere to and the concrete measures of perfecting the arrest system. Specifically, we’d better adhere to right-based, just and procedure standard concepts; set reasonable arrest conditions like evidence standard, punishment standard and arrest necessity standard; strengthen the legal basis and working system of the supervision over changing coercive measures after arrest; improve the system of necessary custody after arrest; stipulate different deadlines of investigation and detention according to the complexity of cases; give effective relief rights of arrested criminal suspects and ensure the implementation.In a word, based on the study and analysis on the existing problems in juridical practice from the law level, this paper points out the deficiency of our current arrest system, trying to put forward some suggestions to find out some effective corresponding solutions, with which the author hopes that the implementation of these suggestions can further perfect our country’s arrest system, strengthen the operability of judicial practice, exert the function value of the arrest and eventually contribute some to the realization of social stability, fairness and justice.
Keywords/Search Tags:arrest, arrest conditions, procuratorate approval but police bail, supervision after arrest, detention necessity, right relief
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