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On Perfection Of The Arrest System Of Our Country

Posted on:2016-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:N QuFull Text:PDF
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In our country’s criminal procedure law, arrest is the most severe coercive measures, therefore, like a double-edged sword, if used properly, it can be effective in the fight against crime and maintain social stability; if used unproperly it will infringe the basic rights of citizens, destroy the dignity of the legal system and influence the image of ruling the country by law. Therefore, it is very important to study the arrest system. Arrest system reflects the degree of the citizen basic right and judicial civilization. Due to the impact of the United Nations Convention on human rights in recent years, countries have started to reform the arrest system. In the criminal procedure of our country, because the investigation organ has too much power, arrest is usually attached to the procedure of investigation, as the arrest system lies in the fight against crime and improve the efficiency of the proceedings, it is bound to the guarantee of human rights and procedural justice biased. This paper starts from the perfect conditions for arrest, purpose and basic value of the arrest, then talks about our country’s provisions, at last put forward the corresponding legislative suggestion combined with the arrest in the judicial practice of our country.This paper, about 30000 words, can be divided into four parts:The first chapter is the overall description of the arrest system. The author firstly introduces the purpose of the establishment of the arrest system, and put forward my view after summarizing different views on value theory; then I carry out the foundation value of the arrest system, mainly from two aspects:the smooth security proceeding and protection of the criminal justice of procedure; finally, the author introduces the basic principle of the arrest system.The second part mainly introduces the new development of the arrest system of our country, the author starts form introducing our country’s current law of arrest rules. And I discuss the current legal regulations of the arrest system of our country from several aspects:the statutory conditions, arrest arrest procedures, the arrest of execution and arrest period.The third chapter describes the current main problems existing in the arrest system.Though after the amendation,the arrest has improved from many aspects,but there still exists some problems.This part mainly analyzes the functions of the arrest decision and execution organizations and their relationship and then discuss that some problems of supervision subject exist after arrest,the conditions of arrest is not perfect, pending custody period is too long, the arrest of Function Dissimilation and the judicial relief is insufficient and other problems.The fourth part puts forward improvement suggestions for the arrest system of our country legislation. After the discussion about our country’s current legislative condition, the author believe that though the arrest system is improving, there still exists some problems, so I put forward some improvement suggestions. Starting from the ideas of ruling of law that power should be limited and rights should be protected, criminals should be punished and human rights should be protected, the author put forward the following improvement suggestions that necessary review subject after the arrest, the establishment of take into custody subject different from arrest subject, relief system after arrest so on and so forth. I hope that the improvement suggestions above could help to improve the arrest system of our country.
Keywords/Search Tags:Arrest, the Conditions of Arrest, the Judicial Relief, Improvement Suggestions
PDF Full Text Request
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