Study On The System Of Examination Of Arrest

Arrest is the most severe coercive measures of criminal procedure, arresting suspects in custody under state has to prevent the criminal suspect committed new crimes again, tampered with, destroy the evidence that hinder the purpose of the investigation, lawsuit activity smoothly. Criminal judicial policy of tempering justice with mercy and safeguard the criminal suspect in accordance with the basic principles of human rights gradually replace "strike, protect" principle, to become the mainstream of the current criminal lawsuit judicial procedure and entity the referee, so smoothly in a lawsuit in accordance with the law, safeguard investigation, at the same time, in accordance with law, guarantee basic human rights of criminal suspects and prevent improper adapt to arrest, which leads to the misdemeanor criminal suspect does not constitute a crime suspect for arrest wrong decisions even serious happens, affecting the quality of reviewing arrest shall start from the legislative level, both entities prudent exploration to construct an evaluation standard and the program is run review of arrest case evaluation mechanism.The current criminal procedure law from "should arrest" and "arrested" for arrest review from the Angle of the positive entity rules on the evaluation standard, and is not in conformity with the physical evaluation standard for arrest situation did not do this. Procuratorial organs when handling the case review arrested to criminal facts is not clear, the evidence is insufficient, does not meet the requirements for the arrest, and there is no social risk or does not constitute a crime, simplistic legal term is not approved the arrest of the suspect cases to the investigation organ for not reason, catching, are often too general, unable to achieve full interpretation reasons things out the effect; In addition, in the process of review of arrest case is dealt with, can be quoted entity fuzzy evaluation standard, still exist not unified the reality of the problem. Only in fully clarify evaluation criteria for approval of arrest reason entity framework, based on cases related to fully and carefully review the facts and evidence, to make the corresponding approval of arrest or not to approve arrest cases make an accurate legal assessment, proposal legislature was arrested review assessment mechanism entity evaluation standards at the legislative level, to be perfect from the reverse Angle of "no fishing" arrested entities review evaluation standard law, with "little catch, catch, catch didn't catch the resolute don't catch" prudent assessment of thinking to guide the procuratorial organ to review arrest case for physical examination, will be more conducive to give priority to safeguard human rights."Trial centered" lawsuit system reform required procuratorates censorship to arrest the criminal suspect shall also be in a neutral position, should not be partial to the investigation organ side to review the reason, and ignoring the criminal suspect and his defenders of reasonable defense, more should not be forced to succumb to the victim, the people's moral opinion and case investigation organ, prosecution, stress examination arrest of prosecutorial power abuse. In shall examine whether the criminal suspect arrested should take compulsory measures in the process, it is necessary to the existing rules of law application, review and decision process, on the basis of exploring to establish procuratorial organs as neutral evaluation main body, ensure inspection arrest decision can conform to the investigation organ, the criminal suspect arrested both rational acceptance standard of review evaluation mechanism of external programs. Promote judicial organs arrested two authorities propose, review the bidirectional reasoning mechanism, explore the social psychological risk assessment review phase arrest suspect arrested hearing examination, unified social influence major cases mechanism mechanism of judicial process, in the three parts of procuratorial organs pilot program in this paper, and the building entity evaluation standard, documentation related to arrest cases review documents and video data, and summarizes the specific need to pay attention to in the process of running the program and the real problem, the final evaluation mechanism of censorship in the form of legislation to arrest case entity in the evaluation standard and external program to improve them. Build review arrest case evaluation mechanism, to safeguard human rights principle truly to a concrete implementation of the criminal procedure, achieve the goal of the rational allocation of judicial cost at the same time, comply with the "investigation centered" to "trial centered" the mainstream trend of criminal judicial reform, highlight arrest examination work attributes of investigation supervision, abandon the administrative examination and approval, to really play the role review arrest of procuratorial authority.