Review The Empirical Research Of The Arrests

Arrest is a kind of criminal coercive measure,it is the most severe one of the five compulsory measures stipulated in the criminal complaint law.The investigation of arrest is a crucial link in criminal proceedings,and it plays a key role in further investigation of the case.The arrest of this compulsory measure will restrict the personal freedom of the criminal suspect,and use it properly to solve the crime,punish the crime,and maintain social security and stability.Improper application will infringe the personal freedom and human rights of the criminal suspect,and produce negative effects and harms.The review of the arrests relates to the personal freedom of criminal suspects and the input of judicial resources.At present our country arrest measures has special effect is understandable for arrest and prosecution,trial is even as a whole,and the quality of arrest cases for the influence of the whole criminal procedure is very important.This article tries from the perspective of the empirical,the district people's procuratorate for examination and approval work arrest case analysis,find out existing problems and causes,and put forward the improvement of the related Suggestions,makes every effort to make review of arrest practice work to improve it.In addition to the introduction and conclusion,the text is divided into three parts.The first part explain the concept of arrest,describe the district procuratorate arrest cases and analysis,put forward specific case to handle the situation,lead on how to apply the law in the process of examination and approval of arrest defined arrested for three elements:including the evidence requirements,necessity requirements and requirements of punishment.In addition,according to the investigation of the cases of arrest,the author puts forward the problems that exist in the practice of the arrest of the procuratorate.In the second part,the causes of the problems arising from the examination and approval of the arrest are discussed.It mainly includes the lower entry threshold of the first public security organ to raise the case;The second public security organ shall report a large number of minor criminal cases and negligence cases;Third,the concept of "construct crime and arrest" is prevalent in the process of the arrest,and the phenomenon of "criminal investigation" exists in large Numbers to prevent the abuse caused by the change of the victim's visit or evidence.Procuratorial organs investigators also exist "structure trap" wrong ideas,"heavy entity light procedure",tend to cooperate with the public security organ and the court's and ignore the supervision,all these make it arrested in review might make a wrong decision.In the third part,the reform measures are put forward for the above reasons.Firstly,it is necessary to raise the threshold for the public security organs to carry out the case and the case for reconsideration,and formulate relevant working standards.Secondly,it is necessary to perfect the relevant laws and regulations The second is to change the concept of "construct crime",the proper exercise of power by procuratorial organs,strengthen cooperation with the public security organs,and urge its use of monitoring,living and waiting for protection and awaiting trial,etc.;Finally arrested is other feasibility measures including specification review case workflow,make scientific assessment standards and case quality PingZha mechanism,improve the legal accomplishment of investigators and inspectors transformation law enforcement idea.