An Empirical Research On The Issue Of The Court's Decision To Arrest

Arrest is the most stringent coercive measure in criminal proceedings in China.It directly deprives criminal suspects and defendants of their personal freedom.In China,the only organs that have the power to approve or decide to arrest are the procuratorial organs and the courts.The procuratorial organs mainly exercise the power of arrest by examining the arrest application of the public security organs and deciding whether to approve the arrest,while the courts can directly make unilateral decision to arrest according to the needs of the case.As a coercive measure with the strongest compelling force,arrest has a positive significance for social defense and litigation ensuring,and plays an important role in the smooth conduct of criminal proceedings.In our country,the court's decision to arrest the right is a power conferred by the constitutional law.It is clearly different from the passive and neutral judicial review abroad,and it also faces many controversies.If we simply look at the functioning of the court,the court's decision to arrest seems to be against its role.However,in the context of China's special national circumstances and litigation structure,the existing of the court's decision to arrest has its necessity.Therefore,a dual vision of theory and practice should be possessed to explore the court's decision to arrest,so that a basic premise can be provided for rational exploration of institutional reform.This paper takes the right of the court's decision to arrest as the research object,and discusses this issue from the perspective of empirical evidence and theories.The full paper consists of four parts.Except for Abstract,Introduction,Conclusion and References,the body part is about 20,000 Chinese characters.The first part is about the overview of the system of the court's decision to arrest.In this part,it mainly sorts out and analyzes the basic connotation,legal interpretation,value pursuit and institutional characteristics of the system of the court's decision to arrest.The system of the court's decision to arrest is an important part of China's pending detention system.Its main value pursuit lies in social defense and litigation ensuring.The court's decision to arrest has obvious differences from the procuratorial organs' approval of the arrest application,and the differences in the frequency,purpose,and procedures of application are significant.For this reason,our system of court's decision to arrest has more obvious Chinese characteristics.The second part is an empirical examination of the application of the court's decision to in the J District of City C.In this part,the paper mainly analyzes the data,materials,cases and interview records of the empirical research,and conducts preliminary discussions on the court's decision to arrest.Through empirical research,it is found that the applicability rate of the court's initiative decision to arrest is not low,and it is gradually increasing.In terms of the distribution of crimes,it mainly focuses on several common and relatively minor crime cases.In terms of the distribution of penalties,the defendants who were decided to be arrested were basically sentenced to the detention-above penalties and there were very few cases of probation and acquittal results.The judges have a high degree of recognition for deciding the right to arrest;for the purpose of determining the arrest,most of the judges have indicated that they are to guarantee the execution of trials and penalties.The way in which judges decide to arrest is mainly to review the case file.The third part is a review of the system of court's decision to arrest.In this part,the situation of system operation is analyzed mainly through theoretical discussion,legislative analysis and practice inspection.The system of the court's decision to arrest lacks effective restraint.The court makes a unilateral decision without external supervision,and the power operation procedure is too rough and simple.There is a certain conflict between the court's decision to arrest and the court's neutral status.There are problems of prosecution of applicable purposes,lack of justice in decision procedure,and normalization of unaudited prejudice.As the accused who is arrested,his right to relief is in a state of absence and there is no effective relief mechanism.The fourth part is to explore the route to improve the system of the court's decision to arrest.Based on the previous empirical analysis and problem review,this part mainly discusses how to solve the existing problems.Before discussing the specific reform measures,a brief analysis of the uniform exercise of the arrest decision by the court was conducted.In order to improve the court's decision to arrest,the court's decision-making power should be appropriately restricted,the litigation of the decision-making procedure should be promoted,and the decision-making process should be completed in the form of a hearing.Moreover,it is necessary to improve the defendant's right to relief,implement the principle of proportionality,strengthen the application of non-custodial compulsory measures,and promote the scientific nature of the court's application of arrest measures.In terms of supervision,it is necessary to focus on trial supervision and to achieve the rights remedies for the accused and the supervision and control of the court's power through appeal.Under the current conditions,the procuratorial supervision power can be retained first,and a complete and thorough review and supervision system will be established in the end.