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The Theory Of Our Non Authorized Arresting

Posted on:2017-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
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After the revision of criminal procedure law in 2012, The new law stipulates evidence legality.probative fatalness,and Puts forward the higher request to arrest,which generates an important impact on the current judicial practice in China.However,the theory of our non authorized arresting in our country has not yet been systematical. It is to be perfected the theory of our non authorized arresting in our country’s legislation has not been taken seriously,which is connected with the high rate of arrest during the current criminal procedure law field.To establish our country’s theory of our non authorized arresting is conducive to protect the personal freedom from illegal invasion,Improve the efficiency of our country’s judicial action, supervision public security organs to exercise power.But the theory of our non authorized arresting has its legislative defects,such as the lack of the whole unification of the law,it is difficult to grasp the excuse for not arrest.In the judicial practice, the theory of our non authorized arresting has yet to establish normalized not arrest mechanism,Procuratorial organ to a certain extent, the cause of the discretion not arrested,Reasons of discretion of not arrested.The subsequent supervision of China’s procuratorial organsin is in the vacuum state for public security organ,to Make the subsequent enforcement of public security organs lack of legal regulation.In light of China’s arrest system in the legislative and judicial problems, we must solve the existing problems and disputes.On the legislation,standardize the law of our country, regulate the premise condition of not arrested from multiple ways.On the judicature,First, we must establish a normalized not arrest mechanism,Second, we must quantitative not arrest the reason,improve the judicial personnel professional level; Thirdly, to strengthen the follow-up supervision, give play to the supervisory function of the procuratorial organs investigation.
Keywords/Search Tags:No arrest, Arrest conditions, Judicial status, Legal supervision
PDF Full Text Request
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