Research On The Litigation Of Arrest Review Procedure

The Criminal Procedure have continued to advance the litigation.Traditional arrest review procedure focused on punishing crimes,while ignoring human rights protection.In terms of settings,the traditional arrest review procedure had disadvantages,such as the non-neutral and independent prosecutor,the criminal suspect not possessing the subject status,the private procedure,lacking remedy rights and so on.The Criminal Procedure Law of 2012 established a weak tripartite of arrest review procedure.With the advancement of judicial practice,the arrest review procedure has become a form of quasi-litigation.But litigation reforms to arrest review procedures are far from adequate.In recent years,the prosecutor’s office under reform have continuously explored litigation review models,such as public review and hearing.Although the prosecutor’s office under reform have made achievements,they have not yet achieved a model that can be wider advancement.The authority of decision of detain should be long to judge.According to judicial practice,the subject of the decision of detention must be adjusted.The court decided on long-term personal detention.Establish the detention review procedures,including judge review,arrest must go through court proceedings,review results public.Accordingly,judicial review of detention is achieved.