Study On The Arrest System

Although the system is arrested in the criminal proceedings in only a very small portion, but a great role. The correct application of arrest can be good not only to protect the smooth conduct of criminal proceedings, but also for the protection of criminal suspects of the legitimate rights and interests is of great significance. The Code of Criminal Procedure amended in 1996 after the arrest of China's system has obvious change; on the one hand the conditions for the arrest of change, on the other arrests have taken place in the process of change. However, with the arrest of the actual operation of the system, exposing the existing system of the arrest of numerous shortcomings.In this paper, the fundamental question of the arrest, details of the arrest in a foreign country, the legal system, then China's arrest of a system of the deficiencies and made a perfect my personal recommendations. The article is divided into four parts are: the fundamental question of the arrest system, the system of Western countries arrested the arrest of China's system of the main problems and arrests the sound system. The first part described the arrest system on the basic issues, including the arrest of the concept, institutions, procedures, conditions and arrest the criminal system in the role, you can understand our system of the status of the arrest; introduced the second part of common law and the mainland Law countries of the arrest system, from arrest and detention of the separation, custody of the review process, the reasons for detention, custody of judicial relief, and other four countries on the legal provisions were elaborated, can learn of the arrest of a foreign legal system , Which summed up the arrest of the general system of principles and common practice; will be the third part of China's system of arrest and the arrest of foreign control system, analysis of China's arrest of the main system deficiencies (the arrest of criminal suspects the proportion of larger , Arrest and punishment system, a violation of the principle of proportionality and the arrest of criminal suspects the lack of relief); fourth part of the system against China's arrest of the defects, with the concrete practice in China, made the arrest in China need to improve the system The principle (mainly in light of China's basic political system, in light of China's national conditions and legal traditions, the rule of law must follow the general principles of the three principles), the following eight areas by improving the proposal (for the specific: the arrest of the standards, extend Detention period for investigation of the conditions of application, the detention period for re-investigation of criminal suspects arrested after the release of arrest or change, brought to the public security organs and procurator organs handled the proceedings, the prosecution case early intervention, the procurator organs to review the procedures for arrest, Criminal suspects relief), with a view to China after the arrest operation and improve the system of benefit.