Research On China's Pre-arrival Arrest Procedure

In order to achieve the legislative aim of fighting crime and guaranteeing human rights,the importance of the pretrial procedure is obvious to all.In this paper,from the existing problems in the current situation of arrest procedures in China,the author makes some suggestions on perfecting the pretrial procedure in China on the basis of the analysis of the pretrial procedure of the extraterritorial arrest.Under the guidance of the above writing ideas,this paper is divided into four parts.The first part is the theoretical explanation of the pretrial procedure of arrest.This paper probes into the meaning,purpose and characteristics of the pretrial procedure of arrest,and analyzes the value basis of the pretrial procedure.In the second part,the author expounds the present situation of the pretrial procedure in China to excavate the main deficiencies in the pretrial procedure of our country.The high application rate of the pre-arrest procedure and the administration of the relief route of the pretrial procedure are the problems to be solved urgently.The third part compares and analyzes the differences between Anglo-American law system and continental Law system in the procedure of arrest and sums up some enlightenments of establishing the judicial judgment system of the pretrial procedure,guaranteeing the litigant objection right of the pretrial procedure and perfecting the supervision way.Part Four is aimed at the defects of the pre-arrest procedure of our country,referring to the theory and practical experience of international criminal Procedure Law,it is suggested that we should improve and perfect the pretrial procedure of our country and realize the criminal target of prosecuting crime and guaranteeing human rights by strictly restricting the application rate of the pretrial procedure and clarifying the judicial relief system of the pretrial procedure.