Judicial Review Of The Arrest Procedure

Arrest system in our country to set up the initial purpose is to ensure the smooth operation of the criminal procedure,but in the process of judicial practice,review the operation of the arrest procedures has deviated from its original purpose,with the "new features" punishment and education,process of embodied in the arrest and detention process confusion;Security administration examination and approval and closed operation;"Prosecution" and "once and for all" coexist;Supervision and absence of relief way;Arrest has obvious serious problems such as "anticipation" effect.With the development of social economy in our country and the rule of law concept of ascension,arrest procedures for review of judicialization reform provides the possibility of subjective and objective.Along with the deepening of the reform of the judicial system,review the program shortcomings for arrest and calls for reform is becoming more and more high,about how to review arrest procedures of judicial reform,we can clearly see the arrest procedures for the review of academic field and practice field implementation subject and implementation methods,there are quite different opinions in the academic field and practice field review discussion,arrest procedures how to reform has also led to academic circles for the constitution article 37 whether need to modify then heated discussion,and formed a clear-cut stand on both sides.Outside the rule of law,meanwhile,the practice of mature countries in terms of review of arrest procedures can make us on the basis of based on local resources,the beneficial reference.Review of arrest procedures reform is an organic part of judicial system reform,and is the inevitable requirement of the protection of human rights and safeguard judicial credibility.Can't happen overnight,but the reform should be carried out in stages,both should have the recent planning,also want to have a long-term outlook.The full text is divided into four parts: the first part,first of all,to arrest,review to arrest and the concept of judicial enforcement,and from the legal basis and the objective requirement of level answer why censorship arrest procedures for judicial reform,at the same time review are discussed from the perspective of the development of economic and social realistic foundation arrest procedures the judicialization investment possibility;The second part is mainly on the current status of review of arrest procedures running in our country,to our country at present about censorship arrest procedures stipulated by the law,for custody after being detained during the long wait for the exposure to the physical and psychological suffering carried on the thorough discussion,and with this triggered a review arrest procedures in our country faces the defects of the legislation;The third part is mainly to our country current theory of review of arrest procedures judicialization of studies deeply and way to struggle;The fourth part is the author combines the current serious problems of review of arrest procedures in our country and the academic discussion,reference to explore existing at home,at the same time other country on the basis of experience,given their own solutions,namely "three steps" measures.And points out that "three steps" measures,the main barriers to the current and future,and the author's expectation.