Review Of The Investigation Of The Procedure Of Arrest

In criminal proceedings,arrest is the most severe coercive measure for the temporary deprivation of the right to liberty of a criminal suspect,and its use should be strictly limited.At present,the views on the nature of the examination and approval of arrest power mainly include "the theory of administrative power","the theory of legal supervision" and "the theory of judicial power".From the perspective of the neutrality of the subject,the adjudication of the power itself and the multiple participation in the examination of the arrest procedure,the power to examine and approve the arrest is the judicial power.And the value of due process,the value of human rights guarantee and the value of judicial credibility of the procedural review and arrest procedure should be gradually reformed to the direction of litigation.Finally,it runs in the mode of judicial procedure.However,the existing administrative examination and arrest procedure is too strong,with the administrative structure of the procedure,the lack of proof mechanism,the single remedy,and so on,so it is easy to take place the situation of false arrest and excessive arrest.It can not meet the needs of the development of criminal justice in our country,and the quality of examining the cases of arrest procedure needs to be improved.Looking across the criminal justice systems of foreign countries,the United States and Germany are respectively the most representative countries of Anglo-American law system and civil law system,its related judicial system has great reference significance to our country.A bright spot of the necessity review system of pretrial detention in the United States is the pretrial service organization,which objectively collects the relevant information of the accused and carries out systematic quantitative risk assessment,so as to make the court more accurate.A reasonable decision provides the basis.In view of this,our country can establish a similar criminal suspect evaluation mode.At the same time,combined with the opinions of community correction agencies,we need to comprehensively and systematically assess the necessity of the arrest and arrest of suspects.In addition,the precondition of pretrial detention in Germany and the reason of arrest are specified,at the same time,the procedure of trial detention and the consequences of the detainee's decision are clearly stipulated,this is of great significance for our country to review the relevant system of arrest procedure.According to the actual condition of China's present criminal judicial procedure,put forward the following ideas of the construction of our review arrested program: first,the balance of both sides of the legal status and rights and obligations,construction control,defense,cut three party litigation structure;second,improve openness,the procedure of review of arrest transparency.The establishment of the hearing system of arrest;third,determine the object of proof,proof and labeling the proof responsibility,combined with social risk investigation mechanism,perfect the examination of arrest proof mechanism;fourth,the increase of the set the relevant decisions of the relief rights,and give full play to the role of the custody necessary examination wit,a full range of rich,perfect procedure of examination of arrest the relief system.