Research On The Litigation System Of Examination And Arrest

In view of the problems existing in the current review and arrest,the author constructs a system for the litigation of the review and arrest.This paper mainly includes five parts:Part ?:Jurisprudential analysis of the litigation of examination and arrest.The author defines the concept of litigation of arrest in China and analyses the legal basis of litigation of examination and arrest.lt includes the principle of proportionality.the principle of equality between prosecution and defense,and the principle of judicial control.The second part;Briefly analyze the necessity and feasibility of the litigation of examination and arrest in our country,and try to promote the litigation of examination and arrest in practice.The third part:put forward the existing problems in the procedure of examining and arresting litigation in our country.Firstly,the quality of defense counsel's defense in examining the arrest procedure is not high,and the key substantive rights are lacking in the arrest stage,and the suggestions made are Iack of pertinence.lt does not reflect the antagonism between the prosecution and the defense.The participation rate of defense lawyers is low,and the suspects do not attach importance to the participation of defense lawyers in the stage of examination and arrest.Defense lawyers themselves are not very enthusiastic.The quality of legal aid is worrying.Second,the lain body of burden of proof and the lack of proof standards in the process of examination and arrest.The subject of responsibility is not clear,and the standard of proof is not clearly stipulated.Thirdly,we should examine the administrative mode of arrest procedure.There is no litigation mode of judicial review.Fourthly,the parties involved in the examination and arrest procedure have not fully participated,and the criminal suspects and victims have not participated enough.In the examination and arrest procedure,their litigation status as the main body of the proceedings has been neglected.Fifth,non-custodial alternatives need to be improved.At present,the application rate of guaranteed pending trial and residential surveillance is low.Part IV:The investigation and Enlightenment on the litigation of extraterritorial review and arrest procedure.Through the research on the litigation of the procedure of examination and arrest in the main representative countries of continental law system,France,Germany,Japan and Anglo-American Iaw system,the main representative countries of Anglo-American law system,Britain,America and Canada.Extraterritorial arrest is the same as our country's detention.Most of the arrests are approved by the judges of the court and the magistrates.The author draws lessons from the foreign examination and arrest system according to China's national conditions.The fifth part:The author puts forward the following ideas by investigating the extraterritorial system and the obstacles to the review of arrest proceedings in China.The ways to realize the litigation of examination and arrest in our count,y are as follows:first,to strengthen the defense force of examination and arrest procedure.The second is to clearly examine the subject and standard of proof in the arrest procedure.Thirdly,we should construct a hearing model of examination and arrest.Fourth,we should ensure the full participation of the parties involved in the review and arrest procedure.Fifth,we should improve alternative non-custodial measures and better implement the principle of proportionality in criminal proceedings.