Research On Arrest Judicial Review

As the most severe and infringing civil rights compulsory measures,arrest is not only a powerful weapon for state organs to crack down on crimes and ensure normal social order,but also an effective means to prevent criminal suspects from social dangers;it can ensure the smooth progress of litigation.It is also possible to violate the suspect’s legal rights.The mandatory,invasive and preventive nature of the arrest measure itself determines that its application must be legal and reasonable.The arrest of the judicial review system as a criminal system that guarantees the reasonable application of arrest measures is widely recognized in both Anglo-American legal systems and civil law countries,although the details of the specific procedures for arresting judicial review vary.However,the review subject should be neutral,the review process should ensure litigation,the review process should be full,the form of review should be worded,and the remedy should be diversified is the concept that all countries recognize and implement.The reasonable application of the arrest judicial review system limits the investigative power by judicial power,and plays the role of power restriction and protection of citizens’ rights.At present,China does not explicitly stipulate the arrest judicial review system.The Criminal Procedure Law only stipulates that the arrest measures in the investigation stage are approved by the procuratorial organ and the censorship necessity review is required after the arrest.These provisions initially have the elements of arresting the judicial review system.But not perfect.Issues such as the non-neutrality of the review body,the administrativeization of the review process,and the writing of the review method also make the current arrest judicial review system in China very different from the international practice.With the gradual advancement of China’s judicial system reform,in order to improve the pre-trial proceduralization and the "judgment-centered" judicial reform,the perfection and reconstruction of the judicial review system has a practical basis for demand.The problems in the judicial review system of arrest in China are not only related to the design of litigation procedures and the purpose of litigation in China,but also influenced by the litigation structure and litigation concept in China.Therefore,the reconstruction of judicial review system in China should be based on the experience of extraterritorial use.The specific analysis of specific problems can not be copied and copied.It is necessary to explore the arrest judicial review system suitable for China’s judicial environment in light of China’s specific national conditions.