On The Perfection Of China's Arrest

With social development, problems such as custody exceeding the time limist prescribed by law and human rights protection ect. are more and more concerned. Research on our nation ' s arrest system has been thoroughly conducted. On the basis of analysing and introducing arrest systems of Anglo-American law System and Civil law System, a comparison is made. Combined with judicial practice, the article puts forward some problems existing in our nations arrest system, main dificulties which shall be seriously taken into consideration, and some conceptions about its perfection.This paper consists of the preface, the main text and the conclusion.The preface gives a brief introduction to the arrest systems of China and foreign countries, posing the problems to be probed into. Combined with studies on our nation' s arrest system, it also presents some personal perspectives.The first section of the main text gives definition to arrest, analyzing some factors concerning arrest and probes into the legal basis and significance of the arrest system. And then, based on clear definition, from the aspect of jurisprudence, it illustrates the significance and requirements the legitimacy of arrest system may have on the application of arrest.The second section of the main text makes comparative studies on arrest systems, using comparison-analyse method. It first introduces situations of the arrest systems in Anglo-American Law System and Civil Law System, analyzing the problems existing in it.The third section of the main text puts forward some suggestions on perfecting our nation' s arrest system from legislative mode and feasibility. Firstly, this part expounds the integral idea of contemporary arrest system. Secondly, combined, with the currentsituation, it analyzes some practical problems with which we should be faced in the reform of our nation' s arrest system. Lastly, under the instruction of legislative principles, the paper conceives some measures to perfect our nation' s arrest system. The following contents are included: In arrest system mode, western ones should not be indiscriminately imitated, but arrest should be separated from detention configuration; supervision over the ratification and application of arrest should be reinforced; remedy approaches should be multiplied and the defendant should be endowed with the right to appeal to the court. Gradual measures should be taken to make our nation' s arrest system dissolved in modern arrest systems.