The Analysis Of Publishing The Document Of The Reason Not To Approve Arrest

The publishing of the document of the reason not to approve arrest is a new system that opened to the society.This document is made by the people’s procuratorate along with the document not to approve arrest.This new system is the modification of the existing system of the reason not to approve arrest.It is also a system innovation for the investigation and supervision department under the background of prosecutors deepening the public of procuratorial and pushing forward the summative legal documents to the public.The implement of this new system played an important role in security the right to know of the public and strengthening the procuratorial policemen business level and protect the legitimate rights and interests of the victim.As this new system is just starting and there was no precedent of the public of the document of the reason not to approve arrest,some theories,system and principles,remains to be clarified.This paper will start with the experience and problem produced by the exploration of this new system by the procuratorial organs,will regard the background,necessity,theoretical basis,practice and limitations of this new system as the main line.And the aim of this paper is to analyze the importance,necessity and feasibility of the system of the public of the document of the reason not to approve arrest.This article is divided into five parts.The formation of background and the necessity of this new system were introduced in the first part.Since 1998,the public of procuratorial affairs experienced three processes,public of function,public of decision-making,public of summative legal document.From initial public prosecutors job functions to open the typed prosecution decision to open all the case for summative legal document,the change was deepened comprehensive with the time background of reform of the judicial system in our country.And the public of the document of the reason not to approve arrest also ushered in the era of full disclosure.This new system was the production of the public of procuratorial affairs developed to summative legal documents.The public of this document is conducive to promoting the promotion of literacy,to eliminating the misunderstanding of procuratorial organs,to protecting the interests of the victim.Therefore,publishing of the document of the reason not to approve arrest is imperative.The theoretical basis of this new system was introduced in the second part.In the modern country under the rule of law,state power should be restricted and the state should give the citizen the right to know.And as the country’s judicial organs,procuratorial organs nature have the obligation to protect the citizen’s right to know.The public can supervise the power of procuratorial organs so as to form the effective control after the expository of the document of the reason not to approve arrest.The right balance theory of all the participants in the proceedings also asked the document can be fully open to the society.Exploration and practice on this system by the procuratorial organs of Nanjing was introduced in the third part.In the practice,the procuratorial organs achieved certain results by investigation and supervision department as the main body of reasoning,both in content and form of strengthening comprehensive reasoning and rigor.However,there were many problems in the practice,such as that general principles were not formed,open mode is not sufficient,the public sector is not clear,three kinds of different case were not distinguished and effective supervision from the victim’s machine was not built.The causes of these problems are the lack of bias,laws and regulations of the concept and security mechanism matching.System design was introduced on the basis of practice in the fourth part.We should first establish the general principle that the public of the document should be according to the law and the truth as so as follow the principle of combination of open and secret.Second is to set up an open form with multi dimension based on portal and the combination of other kinds of open type.Then we should establish the investigation supervision department as the subject to make the document,the case management office as the subject publish the documents,and the case information point to facilitate the public query progress of the case according to law.Then,a clear distinction between the three types of documents should be obtained.Not arrest because of not constituting a crime should be fully open under the authority.Arrest without the necessity and insufficient evidence should be selected according to the request of the parties and should not disclose relevant information and investigative direction of the next step.Lastly,the victim’s appealing system should be established to realize the supervision of investigation supervision power.The limitations of this system under the current judicial system along with the demand for reformation were introduced in the fifth part.There were also some limitations such as the blank of laws and regulations,lack of power,lack of theoretical research reform for this new system.In the future development,we should pay attention to speeding up the construction of corresponding laws and regulations,improving the supporting mechanism,creating a strong atmosphere of academic research to provide theoretical support to promote the reform of this system constantly.