The Limitations Of The Arrest System And Perfected In Our Country

The arrest is the severest criminal precautionary measure adopted to the criminal suspects and defendants by the national judicial organization according to the due legal process .Its essence is to deprive captor's personal freedom in limited time. In the view of the fact that the importance of safeguarding human rights , preventing the jurisdiction being abused and realizing the value of fair judicature, now most of the country has stipulated the arrest system in the constitution. Internationally, it has been an irresistible tidal current to prohibit the arrestment at will and not to limit citizen's personal freedom after the undue legal process. It has been highlighted in China to protect human rights and execute arrestment by law. The procedure of arrestment has been stipulated explicitly in the constitution and Criminal Procedural law. Because of the flaws in the arrest legislative system and judicial practice, there are many problems existing in the present arrest system, like overtime arrest, custody contained in arrest, catching the wrong person or over-trapping, the understanding of evidence standard to arrest, the liability of wrong catching, undertaking national compensation and so on. In this paper comparison analysis method is used. The paper consists of four parts. In the first chapter, firstly it talks about the concept of arrest, its difference in china and foreign countries and the legal localization of arrest. Then it analyses the character of arrest and its purpose, the laws concerned in arrest system roundly and describes our present legal frame of arrest system. In the second chapter , firstly the author refers to the custody system in foreign countries , elaborates the different custody pattern in the two main legal systems and analyses the custody system comprehensively in the view of the main body, the procedure, the condition , the time limit and remediation .On this, the article summaries the common features and the individuality of the Western arrest legal system and makes a further comparison with our arrest system in the main body, the procedure, the condition, the time limit and the flow. In the third chapter, this article analyses the problems existing in current arrest system in china comprehensively, the realistic and the latent defects in the law concerned and the judicial practice and elaborates the main problems respectively in the main body, the procedure, the condition, the time limit and the relief. Then the author ponders on it to research the reasons in theory and idea which conduct these defects and find a way to solve these problems in the technical stratification plane. In the fourth chapter, the author thinks that to solve the problems in present arrest...