Approval Of The Arrest Review Mechanism

“The procuratorial authority has the power to approve and decide to arrest” constitutes a unique model of the arrest and review mechanism in China.According to the concept of the right to set up a criminal procedure law,the right to apprehend arrest should be a neutral arbitral right,and an independent procedural right that is independent of the power of investigation and public prosecution.However,in judicial practice,arrests are generally applied in criminal proceedings in China.The concept of “quick arrest and quick action” and the concept of “combination of arrest and appeal” existed in the review and approval of arrests by Chinese procuratorial organs violated the statutory requirements for arrest..There is a lack of judicial resistance to approving arrest examinations;lack of substantive review of arrest requirements;lack of neutrality in the review;ineffective defense;limited review and approval of arrests and other issues that have led to a high rate of arrests in China for a long time and are not conducive to safeguarding the legality of criminal suspects.right.The arbitrariness of approving arrests has seriously hindered the realization of human rights protection in criminal proceedings and led to the lack of fair trials.It has seriously affected the judicial justice in China and should be subject to judicial review and control.The key to resolving the existing arrest apprehension lies in resolving the issue of approving apprehension and appraisal mechanism.Judicialization and substantive transformation of the approving apprehension appraisal procedure should be carried out with the value of safeguarding the human rights of the arrest;Conditions,the implementation of arrests to review the necessity;attention should be paid to the involvement of criminal suspects and their defenders,strengthen the principle of speech,the establishment of "investigations and debates" tripartite participation in the arrest hearing process;extend the period of arrest to resolve existing arrests.This article takes the protection of human rights and the realization of judicial justice as its value objectives,and puts forward sound suggestions for the problems arising from the review and approval of arrest mechanisms.The full text is divided into four chapters.The specific content of each chapter is as follows:The first chapter discusses the basic theory of approving the arrest review mechanism.In this section,the author first elaborated on the concept and features of the approving arrest review mechanism,expounded the value of approving the apprehension and appraisal mechanism,and highlighted the value of litigation to safeguard human rights,and then proposed the issue of China's approval of apprehension and appraisal mechanism.The second chapter proposes that the primary issue in China's approval of the arrest review mechanism is the lack of judicial review.This chapter changes from a written review to a dichotomy review;the procuratorial agency's role in approving arrests;safeguards the involvement of criminal suspects and their defenders;and establishes the judicial review of review methods in four aspects of approval of arrest hearing procedures.The third chapter puts forward that China's approval of arrests lacks substantive examination,focuses on the analysis of problems in evidence elements and social risk elements,and proposes suggestions for improving its materialization.In the fourth chapter,this chapter puts forward a direct solution to the problems existing in the existing review and approving arrest mechanism in China for the first three chapters.From the problems caused by the short review period of China's review and approval of arrests at this stage,it elaborates on the necessity and feasibility of extending the period for reviewing and approving arrests and proposes a specific time extension plan.