Puzzle And Countermeasure Of The Current Practice Of Review Of Arrest

In our country criminal prosecution, arrest is the most stringent compulsorymeasure, if applied properly will be a violation of human rights, it is particularlyimportant to study seems to be arrested. The new criminal procedure law refinementof the arrest conditions and perfect the system of review of arrest, the arrest of manyof the positive effects of review work, but the actual effect from since theimplementation of the look, there are still many shortcomings. In view of theconditions of arrest is accurately grasp the scientific application of coercive measuresto arrest the key point, taking the new criminal procedure law seventy-ninth as theangle of view, in the relevant provisions of the criminal procedure law concerning theinterpretation of a new review of arrests after the operation of judicial practice,combined with the confusion in, analysis the reason, and put forward countermeasuresand suggestions, in order to improve the work path of our review of arrest system.In this paper, a total of more than30000words, in addition to the introductionand conclusion, the text is divided into three parts, the main contents are as follows:The first part, an overview of the examination of arrest. Introduced the newcriminal procedure law concerning the examination of arrest and to modify thebackground, the new criminal procedure law seventy-ninth stipulation about theconditions of arrest as the logical starting point, the new provisions of the relevantjudicial interpretation, the interpretation of local laws and regulations the arrest of the review work, and put forward their own views and understanding.The second part, analysis of the confusion and the causes of the current practiceof review of arrest. In the new criminal procedural law after the implementation of therelevant departments of practice review of arrest data as the basis, related to the caseas the basis, from the arrest rate high, social risk, grasp the general in the arrest ofelements, the constitution of the crime penalty grasp all fishing, foreign personnelapplicable to arrest without the necessity and the size of Yao arrest applicable termsand other aspects, the existence of the investigation the problem, and from the conceptof law enforcement, the conditions of arrest, proof system, internal operationmechanism and other aspects of analysis of the reasons for the problems.The third part, countermeasures for improving China’s arrest system workingpath. In the new criminal law under the background of the current review of arrest, theproblems existing in this part, this paper presents some suggestions and opinions.Mainly six update, from the concept of litigation procedure reform, lawyers involvedin the arrest, demonstrate the necessity, correctly grasp the conditions of arrest, thecriminal reconciliation and the external personnel careful arrest measures to beelaborated, hope to our country arrest examination work benefit.