Reviewing The Litigation Of Arrest Investigations

The reform of the review of arrests is following the path from the administrative examination and approval mode to the review of arrests.This essay clarifies the concept of "lawsuit" and "litigation" and answers the contradiction of the review of the arrest and litigation,and then argues that the procuratorial organs are the proper subject of the right of arrest.Reflecting the paradox of institutional reforms,the review of the arrest system still needs further optimization.Through the legal analysis of the review of the arrest system reform,the paper analyzes the value of arrest in criminal proceedings: substantive fairness,human rights protection,procedural justice,and efficiency value,discusses the impact of value recognition on institutional construction,and proposes to examine the causes of arrests.It is not the view that the power mismatching procuratorial organ has caused,but that the institutional change has lagged behind the change in the concept of criminal litigation value.The examination of the arrest of the procuratorial construction of a paradigm shift from the administrative approval to the litigation,this reform is more conducive to the realization of the judicial value of the fact that the judicial goal of the discovery of justice.Through the introduction of the review of arrests by the pilot prosecutor's office and the problems,reforms,and practical difficulties faced by the reforms,the author believes that the review and reform of the arrest and proceduralization with hearings as the core is to achieve a better review:a more reasonable and feasible path to the arrest system.