Studies On The Work System For Review On Arrest By The Procuratorial Organ

The revised Criminal Procedure Law clearly provides that the task of criminal procedural law not only includes the fight against crime but also the respect and protection of human rights, the two of which is equally important. Around this objective and task, the revised Criminal Procedure Law revises and improves the work system for review on arrest, refines the conditions applied to arrest, introduces the procedures to hear the opinions of the suspect and his counsel and reserves the reasoning system to the cases not approved arrest and the right of public security organs to apply for reconsideration with objection to the cases not approved arrest. Although the aforesaid contents improve the work system for review on arrest, the review on arrest still has certain problems and defects in the practice. In combination with the judicial practice of review on arrest by the procuratorial organ in X province and by review on the work system for exanimation of arrest by the procuratorial organ, the author summarizes and concludes the problems therein, on the basis of which, the author proposes the opinions and suggestions for the improvement of the work system for exanimation of arrest, hoping to be helpful to the right application of arrest measures, earnest respect and protection of human rights by the supervision departments on the investigation by the procuratorial organ.Part One hereof briefly elaborates the meaning of review on arrest, briefly introduces the review on the work system for review on arrest in China from the perspective of the review on arrest model, the conditions applied to arrest, the reasoning system to the cases not approved arrest as well as reconsideration and review system with objection to the cases not approved arrest and from the perspective of the legal theory and practice elaborates the issues worth attention in the review on arrest is of great significance to the right application of compulsory measures for arrest, the safeguard of the human rights of the suspect and the realization of justice and fairness.Part Two hereof briefly introduces the judicial practice of the review on arrest by the procuratorial organ in X province, and elaborates the advanced experience and practice thereby in combination with statistical data and specific cases to expound the general condition of the work system for review on arrest by the procuratorial organ, which lays solid foundation for the analysis of the problems and defects in the exanimation of arrest and then propose the corresponding measures.Part Three hereof concludes the problems existing in the current review on arrest through the empirical analysis on Part Two, mainly including the lack of litigation of the review model, the lack of unified standard of proof for “social danger”, low quality of review on the arrest, the failure to establish the transformative review system for arrest and the lack of effective remedy measures.Part Four hereof proposes several counter measures and suggestions for the improvement of work system for review on arrest by the rocuratorial organ in a view to the problems concluded, mainly including improving the procedures for review on arrest, strengthening the communication with the investigation organ, improving the standard of proof for “social danger”, establishing the transformative review system for arrest and improving the remedy measures for review on arrest.