The Empirical Research Of Perfect The Censorship Of Necessity Of Arrest

Arrest not only involves the smooth implementation of the criminal procedure, but also affects the court's decision to a certain degree.Establish a reasonable mechanism of the necessity of arrest can effectively regulate of public power of judicial organs and protect citizens' personal freedom and suspect human rights. Standardize the arrest review, reduce the proportion of arrests, and increase the accuracy of detention, these improvements are an reasonable use of judicial resources, effective protect of criminal suspects not-guilty defense, and effectively reduce the error rate of the case to a certain extent. In addition, perfect the necessity of arrest can reduce the criminal suspect's legal right to be infringed, safeguard the justice of the procuratorial organ and the judicial authority. At the same time, to regulate the censorship of necessity of arrest can promote the rule of law; ensure that the criminal procedure can be carried out smoothly. And then to procedural justice to ensure the realization of the substantive justice is conducive to promoting the construction of the rule of law.At present, there are still a lot of problems in China's system of arrest necessity, which need to be further improved and perfected. In the application process exists 'crime that capture','to capture the generation surveillance' and 'to capture the punishment' these three kinds of abnormal situation. In the judicial philosophy of investigators, there are'heavy crime light arrest' evidence collection mentality and 'the risk of a safe fear'of arrest review mentality. In the mode of arrest necessity of the review, the "marking the review" reduced evidence of comprehensive, the "back type interrogation" reduced verbal evidence confrontation, the "willful censorship" reduces the legitimacy of review of arrest. In the protection of human rights, the subject of the criminal suspect has a double violation. In the case of the case, the effect of the social effects and relief are unsatisfactory. In addition, in the judicial practice, there are some unreasonable places in review the procedure of arrest, the examination mode can not reflect the spirit of the reform of the trial as the center.The perfection of the arrest work mechanism should be based on the full theoretical study and empirical investigation, deep analysis of the reasons for the current high rate of arrest and deconstruction of the necessity of arrest review. On the basis of this, fully consider the situation of mainland China and the reform of judicial system. From the introduction of the relevant judicial interpretations, refine the necessity of arrest conditions, especially to refine the general situation, the diameter of the arrest, breach of duty to arrest and not to arrest the discretionary circumstances; from the establishment of a sound proof procedure and evidence system, the establishment of a comprehensive standard of proof, and objective review of implementation mechanism reform. To further broaden the channels of relief and perfect alternative enforcement measures in ensuring the arrest function on the basis of both the prevention value of arrest measures, but also to ensure the basic guarantee of personal rights of the suspect.To improve the necessity of arrest, we must have an open field of vision, and fully absorb the advanced legal ideas and judicial practice experience of western developed countries. At the same time, we should also have the localization of thinking, in the process of the rule of law in China and the context of judicial reform to establish a reasonable review of the work mechanism, such as the reform of the arrest review in this article. The reform of the necessity of arrest review mechanism can strengthen the reform of the judicial system and the rule of law state construction.