On The Improvement Of China's Review And Approval Of The Arrest System

According to the provisions of China's criminal procedure law,the arrest is the most stringent enforcement measures in the criminal proceedings,the examination and approval of the arrest of the powers entrusted to bear the legal supervision of the exercise of the procuratorial organs.At present,the trial procedure in our country to realize the lawsuit,but as a trial before the program is an important part of China's procuratorial organs approved the arrest procedures,there are administrative,formal,the relief way lack of many non litigation defects,the existence of these problems seriously damaged the procuratorial organ of the judicial authority,is not conducive to the protection of criminal proceedings in the legitimate rights and interests,unable to achieve the basic purpose of setting up the review and approval of the arrest of a program.Overview of the two major legal systems in the world,China's arrest said in the countries of Anglo American law system as "pretrial custody",said in the continental law system countries as "pending detention",but whatever the name,in Britain,France and other countries under the rule of law to arrest or detention compulsory measures of examination and approval Cheng Xupu times"action",in the form of presentation,generally given under scrutiny full remedy right and generally presents the ongoing review of the form.This paper attempts to based on the analysis of our review of the approved the arrest system in the presence of problems,find out the problems,through the foreign reasonable the arrest or detention review system proposed proposal for a thorough renovation of our review of the approved the arrest of a system,make the examination and approval of the arrest of program is in line with China's national conditions and in line with international standards.The first part of our review of the approved the arrest procedure in the legislation,system has some defects and problems of reasons;the second part from the establishment of the review of the main independence,determine the adversary proceeding mode,realization of human rights protection,establishing the supervision and review of proposals;the third part from to program to achieve fairness and justice,better protection of human rights,to establish the credibility of the judiciary in procuratorial organs,is conducive to divergent only four aspects of disputes,such as analysis of examination and approval of the arrest of the rationality of the procedure of transformation.