The Research Of Arrest Without Warrant System

Arrest without warrant system originated in the United Kingdom and the United States. In civil law countries there is no description of arrest without warrant system. Most was called "provisional arrest"," Ongoing criminal arrest" or "emergency arrest" .But in substance and basically they have the same the starting points for system design. Nor is there arrest without warrant system in China. However, there is much similarity of the criminal detention, detain in china and the arrest without warrant system in foreign countries in the application. This paper is intended to discuss the rationality of the system, the comparison between the criminal detention, detain in China and the arrest without warrant system in foreign countries. Then this paper makes some comparative study of the arrest without warrant in foreign countries, analyzes the problems that exist in criminal detention and detain in China and then analyzes the necessity to establish the arrest without warrant in China. In the end the author gives some advice to establish the arrest without warrant system in China.This paper is divided into four parts. The first chapter describes the summary of arrest without warrant: the concept, value, significance of arrest without warrant and the comparison between the criminal detention, detain in China and arrest without warrant.The second chapter is about the comparable inspection of the arrest without warrant in foreign countries. This chapter introduces the conditions and procedures of arrest without warrant in the United States, the United Kingdom, German and Japan. Finally this chapter makes a comparable analysis over the arrest without warrant in the four countries.The third chapter introduces the laws and regulations, operational status of criminal detention and detain. There is contradiction in the Criminal Procedural law. The police make too much detention without warrant. The standard of issuing detention warrant is too high. The custody time of criminal detention is too long. The reasons of criminal detention have exchanged. The laws are lack of the specific regulations of detain. The standard of detain is too low. Detain is always applied over the scope.The forth chapter clarifies the necessity of building the arrest without warrant system and the preliminary vision of the arrest without warrant. Establishing the arrest without warrant system can meet the practical needs, solve the incoordination in the legal provisions of the Criminal Procedural law, clear the nature of the criminal detention and detain, solve the problem of the conditions of criminal detention including the conditions of continuance pumps, avoid too long custody and initially reach the returning of the function of the criminal coercive measures. The establishment of the arrest without warrant includes the conditions, reasons, enforcement and the rights of the man who was arrest without warrant.