Research On The Problem Of The Duty Crime Case Review Of Arrest Lawsuit Mechanism

National public officials of corruption and malpractice tort duty crime investigation has attracted extensive attention of the whole society。But,for a long time China’s duty crime investigation,arresting, prosecuting all the same level of the procuratorial organ to handle power is concentrated,with administrative examination and approval and review of duty crime arrested color,caused the social from all walks of life to prosecutors questioned the fairness and credibility of the case。Because of this,in order to further strengthen procuratorial organs inside supervision and restriction mechanism,strengthen the procuratorial organs investigation cases, promote the procuratorial organs more impartial and honest, law enforcement standard,protect the legitimate rights and interests of criminal suspects actively, in September 2009,the supreme people’s procuratorate duty crime review arrest procedures decided to start the implementation of the reform, and issued "about the following people’s procuratorate at the provincial level initiate an investigation of the case is decided by the people’s procuratorate at the next higher level for review of arrest regulations(try out)" 。nterpretation, and introduces to the provisions of the criminal suspects and their attorney opinion,to strengthen the social risk examination and detention necessity after review, review is constructed to arrest the basic form of litigation mechanism, highlight the nature of the judicial review of duty crime arrested, in mapping(investigation department), the debate(criminal suspects and their defense lawyer) and cutting(investigation supervision departments) between preliminary establish basic litigation mechanism, conforms to the social from all walks of life to strengthen the duty crime indictment of supervision, improve the quality of reviewing arrest, and maintain and safeguard human rights, has a positive meaning of progress。However, because of reforms matching with the related system and mechanism is not sound, not perfect, post crime arrested by for the issuing and rely on measures of old investigation mode, as well as the "presumption of guilt", "has the investigation" and "heavy with light supervision", "protect" heavy blow gently, the reason such as the concept of law enforcement, limit the review to arrest the establishment and perfection of the litigation mechanism of duty crime, causing some problems and difficulties in the process of reform and practice. To solve these problems, the law should first improve the arrest conditions, establish the former whaling case review system; Second, perfect the investigation supervision department review authority. To further protect the rights of criminal suspects in the arrest procedures relief, giving the criminal suspect arrested true reason right to know and arrested for reason to clear the criminal suspect mention change arrested for legal reasons, gives the suspect for approval of arrest or determine the right to lodge a complaint; Finally, explore established to arrest the hearing system, refining after detention necessity censorship rules. Through the above several aspects of research, in order to improve the duty crime arrested program reform, actively promote duty crime arrested examination work。...