Research On The Lawsuit Type Review Arrest Reform Of The People's Procuratorate

Arrest is the coercive measure that deprives the criminal suspect's personal freedom,and is regarded as the most severe coercive measure in the criminal procedure.China's traditional review of the arrest procedure has a strong administrative color.It has the characteristics of unilateral,written and closed.It has been questioned and criticized by all circles of society for its high arrest rate,opaque and open examination,lack of legitimacy of the procedure,lack of defense right of criminal suspects and lack of guarantee of relief right.The supreme people's procuratorate put forward the reform idea of "exploring the establishment of litigation review mechanism" in the outline of the development plan of procuratorial work in the 13 th five-year plan period,and organized the pilot work.At the present stage,the lawsuit type review arrest is in the stage of discussion and trial.There is no clear definition and legal procedure.On the other hand,the arrest measures in judicial practice are widely applied,and the approval rate,pretrial detention rate and post-capture light penalty rate are obviously high.The review of the arrest still has a serious impact on crime and the protection of human rights.Therefore,it is of great significance to investigate the theory of arrest.This article takes "research on the lawsuit type review arrest reform of the people's procuratorate" as the theme.It expounds the people's procuratorate arrested review status quo,analyzes the defects of the people's procuratorate arrested review mechanism.It introduces the theoretical debate on the people's procuratorate's examination and arrest reform.The author agrees to perfect the current review and arrest,and explores the theory of the lawsuit type review arrest.The author expatiates on the concept of the lawsuit type review arrest and arrest and analyzes the necessity of the lawsuit type review arrest reform.Through the investigation and analysis on the practice of the lawsuit type review arrest reform,the paper analyzes the effect of reform practice and reveals the problems and perplexities in reform practice.The author also investigates the arrest and custody review of the developed countries outside the region,and puts forward paths of the lawsuit type review arrest.This article consists of six chapters.The first chapter is mainly about the background and significance of the topic,research status,main contents and methods,etc.The second chapter mainly discusses the people's procuratorate to examine the status of arrest.The third chapter introduces the theoretical debate on the people's procuratorate's examination and arrest reform,elaborates on the concept of the lawsuit type review arrest and analyzes the necessity of the lawsuit type review arrest reform.The fourth chapter investigates and analyzes the practice of the lawsuit type review arrest reform.The fifth chapter investigates the arrest and custody review of developed countries outside the region.The sixth chapter puts forward paths of the lawsuit type review arrest.The conclusion part summarizes the author's viewpoint.This paper uses the materials obtained from the practice of the lawsuit type review arrest reform of A city B district procuratorate,and provides a more specific scheme for the construction of the lawsuit type review arrest mechanism.The author looks forward to discussing with all researchers and judicial workers involved in reform practice.