On The Returning Problem Of The Request For Approving Arrest

From the norms of criminal compulsory measures in our country,the criminal suspect,the defendant to take the arrest measures is undoubtedly the most severe,mainly in so many aspects.One is to review the statutory period,the judiciary decided to arrest the suspect and the defendant is deprived of personal freedom and strict examination according to law;two is to effectively implement the criminal suspect or defendant in custody,and other non residential surveillance such as flexible or forced measures;the three was arrested long detention period,did not identify the facts of the case,it is difficult to change the mandatory measures.Therefore,the arrest of criminal cases,the severity of the crime from the source to ensure that the normal implementation of the requirements of the criminal prosecution,from the point of view of the case is conducive to the full significance of the proceedings.But the arrest norms still exist ills can not be ignored,because too much of the public security organs try to arrest measures,if compulsory measures have not been effective supervision and regulation,is likely to be used by the wrong judgment or injustice.In this case,the arrest of the error will lead to the national credibility of the extreme damage,to the national compensation to bring tremendous pressure.The approval of the arrest of China's procuratorial organs,which is the refinement of the function of legal supervision,but also an important system of legal protection of civil rights in our country.But the approval of the arrest or not is not completely controlled within the framework of the law,the parties will often become the focus of controversy in the criminal proceedings.Of course,criminal suspects and defendants in criminal cases are not arrested,the fundamental problem is that the prosecution of criminal proceedings in the supervision.Therefore,on the issue of how to implement the right of arrest,the procuratorial system needs more in-depth study and discussion.To cancel a large number of mechanisms for the destruction of human rights in the process design of the Supreme People's court and procuratorate through the arrest and examination,and further enhance the judicial public faith.(in the arrest in the practice of public security for approval of arrest,prosecution examination and approval of the arrest of its own fixed process,[the requirements of the public security organs to arrest a criminal suspect,it shall submit a written request for approval of arrest,together with the case file and evidence shall be transferred to the people's Procuratorate for examination and approval.When necessary,the people's Procuratorate may send people to participate in the discussion of the public security organs.For serious cases made the arrest decision not to arrest or have relevant laws and regulations,there is no dispute of arrest practice procedural issues,so this study is not related to arrest procedural problems dimension).This paper takes seventy-ninth criminal law as the starting point,from 2013 to 2015 S Municipal Public Security Bureau does not capture cases as the research sample,analysis does not capture cases resulting from non procedural reasons,from the concept of law enforcement,conditions of arrest,the reasons that the system analysis of the problem of the system,the internal mechanism of operation,in the arrest,arrest cases returned to the standard optimization supervision procedure construction,performance appraisal standard,perfect legal exemption investigation balance control system transplant to solve the judicial practice of litigation system on the both sides because of not catching the problem,based on the judicial practice to solve the police seized the two sides because of the intense contradiction does not catch the hope in the protection of human rights and the fight against crime,improve efficiency,saving judicial resources and other aspects of our arrest benefit.