Hecheng’s Procuratorate In2013Not To App Rove Arrest Empirical Study Case

Arrest is the severest criminal compulsory measures, severity is embodied in the judicial organs according to law within the statutory time limit deprived of personal freedom of suspects and defendants and custody review. The arrest of detention period is relatively long, can effectively ensure the smooth progress of criminal lawsuit activity, for the public security organ shall investigate the case and punish criminals provides the actual time, so favored by the public security organs, will not catch rate of high and low as an important standard of assessment case quality. Arrested measures of negative effect also obvious, once the fault is a serious infringement of citizens’legitimate rights and interests, the state compensation pressures. Review arrest become the procuratorial organ to perform a key link in the process of investigation supervision function guarantee civil rights, without the approval of arrest is because of controlling crimes and protecting human rights conflict, much attention has been paid to direct conflict and investigation, inspection, the focus of the debate, the victim sifang pre-trial game.Any case of not catching the emergence of the public security organ is actively and carefully review on procuratorial organs of the conflict as a result, also is in the two sides of the biggest differences is investigated in the process of criminal police, how to seek balance in fighting crime and protecting human rights, the unification of public security, procuratorial law enforcement standard, improve the judicial credibility is the breakthrough point of the topic in this paper. Review based on the city’s procuratorate crane2013arrest cases, for example, decided not to approve arrest positive effect is put forward, including to implement the criminal policy of combining, is conducive to reducing waste of judicial resources, is beneficial to prevent wrong case, analysis of procuratorial organs is not approval of arrest decision problems, including:power supervision and relief system is imperfect, public security, procuratorial organs have different law enforcement standard, not to approve arrest decision made after the supervision of the system implementation does not reach the designated position, etc., has form a perfect countermeasures, including:unified decided not to approve arrest applicable standards, strengthen supervision over not approved the arrest of the follow-up tracking, such as the guide in doubt don’t case investigation evidence collection, to construct not suspected cases included in the scope of community correction, perfect to obtain a guarantor pending trial supervision and execution system, consummate the decided not to approve arrest system, such as establishing two-way reasoning system, not to approve arrest case objection is not approval of arrest cases misjudged cases of public hearing system, scientific and effective accountability mechanism, based on solving the practical problems encountered in the judicial practice, to promote the judicial justice.