An Empirical Study On The Change Of Arrest

Arrest,which deprives the criminal suspect's basic personal freedom,is one of the most severe compulsory measures,the change of arrested compulsory measures is closely related to the personal interests of the criminal suspects. The new "criminal procedural law" not only makes strict rules about the changes of compulsory measures after being arrested, but also enlarges the main subject of applying for change of compulsory measures. And on the basis of these measures, the necessity of detention review system is set up. The legislation is designed to achieve the win-win purpose of maximizing the implementation of the human rights protection and punishing crime, and aims to be in accordance with the principle of proportionality, imperial principle of the criminal procedure law. I, as the author of this thesis, hope to reveal use of the arrest compulsory measures changes in the concrete operation situation, find the problems, further analyse the reasons, and put forward effective countermeasures.This empirical study in addition to introduction, is divided into three parts. The first part is the current situation of the change of the compulsory measures of arrest and the supervision of the procuratorial organs. This part is further divided into two part. The first part is the current situation of the change of the compulsory measures of arrest, which includes five aspects: the first aspect is the overall situation of the change of arrested compulsory measures, introducing the basic situation of the change of W city attorney branch from 2013 to September of 2015; the second aspect discusses the reasons and the treatment of arrest situation change. through the analysis of the list, it is concluded the cause of the arrest change and whether to prosecute in the concrete case; the third one is the course of changing arrest. Through the analysis of the whole table data, it is found that first, the public security organs exist some problems in the coercive measures change process, such as the notification filing, shortening the alteration of the compulsory measures interval time; secondly, based on the necessity to review the detention, the procuratorial organs changes the arrest alteration only in one case. It shows that detention review the necessity of system does not have a valid operation. Finally, no changing arrest compulsory measures is based on the application of the party concerned through the analysis of the data on the whole table. The second part is the present situation of the supervision of the procuratorial organs. The constitution gives procuratorial organs the supervision right, and the criminal procedure law, to enhance the legal supervision of procuratorial organ intelligence sets up custody necessity censorship, and expand the scope of legal supervision. However, this system is not running well in practice, and also fails to reach the original intention of the legislator.The second part is the analysis of the problems and reason for arrest change,which is divided into two subsections. The first is problems that exists in the process of arrested change, written from six aspects: the first aspect is the potential hazards of frequent change coercive measures;the second one is lack of standardization in the arrest change operation procedures; the third one is the alteration of arrest subject;the forth one is the unsatisfactory supervision of arrest change;the fifth one is he operation problems of the procedure of detention necessity review; the sixth one is the remedy for the change of arrest. The second one is the analysis of the reasons for the problems, to elaborate from subjective and objective aspects respectively.The third part puts forward the suggestions and countermeasures to improve the change of arrest. This part discusses the topic from six aspects: the first aspect is to improve the legislation and related regulations; the second one is the establishment of accountability mechanisms to avoid the phenomenon of illegal arrest alteration; the third one is to strengthen the operability of the procedures for the necessity of detention review and to strengthen the intensity of the procuratorial supervision; the forth one is the expansion of the basis of arrest alteration; the fifth one is to establish a diversified relief way; the sixth one is to strengthen the publicity of the rule of law and improve the legal culture.