The Investigation Report On The Trial Investigation Of Arrest Lawsuit

Arrest is the most severe coercive measure to a suspect or the defendant who may be sentenced to a fixed sentence,to detain and deprive himself of liberty.Based on the concept of human rights protection,the arrest decision must undergo a rigorous review mechanism,combined with the facts of the case and the law to be prudent.It is difficult to solve the problem of judicial review of the arrest system in our country,which is difficult to implement the protection of criminal suspects and the question of judicial justice.The review of the proceedings of the arrest procedure as a review of the trend of reform and development of the arrest system,through the investigators,criminal suspects and their defense lawyers,prosecutors involved in the structural design,changed the previous review of the written,unilateral,so that the review process Open and transparent;cross-examination of the views of many,but also to strengthen the decision to say the rationality of the arrest,help to improve the quality of arrest,to prevent the occurrence of arrest,overcrowding.China's arrest and prosecution of the trial system is still in the pilot stage,in the process of exploration is inevitable.Through the research of the people's procuratorate in C City Y District,this essay fully acknowledges the operational procedures and practice effect of the litigation review of the arrest system,and discover the existing problems in it and put forward some suggestions for improvement.The article consists of four parts: The first part introduces the background of the trial of arrest litigation,including the status quo of China's review of the arrest system,the existing problems in the review of the arrest,and the basic meaning of the review and arrest.Points of change,make a preliminary review of arrest system in China has the characteristics of lawsuit,but have not been fundamentally change review town government in the procedure of arrest,prosecution,characteristics,arrested is artificially applicable conditions,structure of sin that capture,investigation to trap generation still exist;The application conditions of arrest are wider and the judgment of social danger is more subjective.The interrogation mechanism and theparticipation system of lawyers are not ideal in practice.The detention rate of our country is very high.Lawsuit review of arrest has established the control-debate-laying mode of three parties,makes the review process open and transparent,the expression of consensus and cross-examination to arrest the result accuracy,to ensure the judicial justice,safeguard the authority of law is of great significance.The second part introduces the C city Y district people's procuratorate arrested litigation review pilot practice,including arrest litigation review mechanism: the case scope of application,examination content,participation main body,review procedures,relief program,program startup mode and practical results.Are proved by evidence in the pilot,the criminal facts,may sentence penalty of above of imprisonment,but whether the criminal suspect has the social risks the disputed case,the criminal suspect or the lawyer may according to the application or prosecutors launched according to the power to arrest the litigation review,investigators and the criminal suspects and their defense lawyer cross-examined revolves around whether the criminal suspect has the social risk,prosecutors integrated opinions on both sides,make a decision on whether to approve arrest after review evidence.The third part introduces the problems existing in the trial of arrest litigation.First,the case for low standard minimum sentences,sentence after the provisions of the above penalty caused a large number of the criminal suspect in custody was sentenced to light punishment phenomenon,is not conducive to decrease the rate of detention and criminal suspects rights protection.Second,the review process is long,the time limit is short,the workload is large,the examination formalization characteristic is outstanding.Thirdly,the role of lawyers in litigation review process is not obvious and effective defense is difficult to achieve.Fourthly,it only stipulates that the investigator will not accept the reexamination and review right after the arrest,and the criminal suspect's relief program is missing.Fifth,the cooperation of investigators needs to be strengthened.The fourth part mainly focuses on the problems existing in the trial of the third part of the investigation,and puts forward some Suggestions.The first is to raise the minimum penalty for arrest to a possible prison sentence of up to three years.Second,simplify the process of arresting litigation review and improve work efficiency.Third,improve the lawyer intervention system.Fourth,we should improve the relief measures for criminal suspects,and give the criminal suspects the right to review and review the case after the decision is made.Fifth,strengthen the business training of investigation and inspection personnel.