The Alteration Of The Criminal Compulsory Measure After Arrest In Our Country

The compulsory measure, as a special important criminal procedure system of designed to ensure the smooth implementation of criminal litigation and prevent the occurrence of new social risk, is one of the important part of the criminal litigation system, and play a very important role in the legislation of criminal action. It is a double-edged sword. If properly used, it can ensure criminal activities operating effectively and promptly investigate and punish criminals. But if used improperly, it cause the violations of citizen personal freedom rights liberty from the Public Power, and damage the dignity of law. Therefore, at the same time using criminal compulsory measures to guarantee the criminal activities carried out smoothly, the law should regulate some regulatory mechanism of the cancellation, alteration, and repeal of compulsory measure. Among them, the alteration of arrest is more important position in legislation and judicial practice, but not to be taken seriously in the judicial and theoretical study. If the arrest of change can not get the correct, timely and effectively implemented, it will can aggravate the seriousness of the problem of pretrial detention.Because of kinds of reasons, the alteration of arrest has real and value basis, such as the case progress, the change of external conditions, the suspect’s own situation changes and the necessity of the review of detention. But in the implementation process, it should fully comply with the statutory principle, the beneficial investigation principle, the corresponding principle, the lighter and looser principle, and the humanitarian principle, to ensure that the state power carried out correctly in the process of lawsuit, and guarantee the detainee’s legal rights. Although the new criminal procedure law made suitable amendment in many ways, but there are still some problems organs in judicial practice, such as, because of the universal right of arrest, it provides the opportunity for alteration, the custody measure loss it’s independent, the procuratorial organs supervision is not perfect and the supervision effect is not ideal, and so on, and all of these questions need further reform and improve. But, based on the basic national conditions in our country existing, according to the gradual path, establish the independence of the pretrial custody, give the procuratorial organs the right to decide alteration, refining the implementation conditions, change the idea of law enforcement officers, even can be put some case’s arrest alteration on a level to play a role in supervision. At the same time, it has a positive impact on the arrest alteration through developing the corresponding alternative custody measures. Therefore, discussed from the relevant issues of the alteration of arrest, it will be beneficial to the reformation and perfection of compulsory measure.