Identification Of Wrong Arrest

Among “compulsory summon?a guarantor pending trial?residential surveillance?detention ? arrest”these five kinds of criminal coercive measures,arrest is the most severe,which means the public security organs?the procuratorates and the court these three mechanisms in order to prevent criminal suspects or defendants to escape investigation?prosecution and trial,or take measures to interfere the criminal litigation,or have the social risk;so that they deprived of their liberty.In the judicial practice,there is no clear boundaries between custody and arrest.The criminal suspects or defendants will be arrested once they meet the conditions of “evidence?penalty?social risk”.Punishing crime and protecting human rights are two basic goal of criminal proceedings,however,the high arrest rates add to the occurrence of wrong arrest while it suppress the re-crime in time and punish the defendants to some extent.In China,we often take emphasis on the physical results of the case,not on the procedure.Only the “State Compensation Law”sets out the compensation of wrong arrest in the standard of the physical results,other laws and regulations and the academia have not yet caught more specific regulations and in-depth research.This essay includes three parts:introduction?text and epilogue,and the text is consisted of three chapters.In the first chapters,the author analyzes the powers and duties of the public authorities,makes a judgment of whom is the person to identify whether the arrest is right or wrong.In the end of this chapter,the author deduce the right person to identify the nature of the arrest in the stage of investigation ?prosecution and trial.Then in the second chapter,the writer tries to begin with relevant provisions of the “State Compensation Law”,and then compare them with the conditions of arrest in the “Criminal Procedure Law”enacted in 2012.After the comparison,it comes to the entity and procedure standard of wrong arrest.Given the current laws and regulations have not yet punished the wrong arrest.In the last chapter,the author make a basic narration on how to start the procedure of identification of wrong arrest,so that it can protect the quality of the arrests?protect the legal rights of the criminal suspects and defendants.