Research Of Giving The Arrestment Right Of Duty Crime To Higher Authority

Arrestment measure is a compulsory measure which mainly used to ensure theconducting of criminal proceeding smoothly without the nature of publishment. In judicialpractices, investigation is used only as a kind of supplementary mode, due to some specialreason. Especially in duty crime cases, there always exist the situation of "arresting takingthe place of investigation." This problem also reflects much more attentions are paid to themandatory of arrest, but the human right protection is neglected.As the awakening of human rights consciousness, the background of judicial reformof human right protection is conflicted with case-handling model of investigation to catchand it has caused many arguments in the society. Before the modification of criminalprocedure law, Provincial People’s Procuratorate to initiate an investigation of the case bya higher People’s Procuratorate decided to arrest (Trial) has been issued, through thediscussions of the Supreme People’s Procuratorate and many times expert conferences,which aims to enhance the human right of criminal suspect and the limitation on the powerof investigation in duty crime cases.Whether this reform can eliminate the malpractice of case-handling model ofinvestigation to catch or enhance the limitation on duty crime, all need to make manyempirical studies. In order to get a further understanding and an elaborated thinking on theways of arrest for the present duty crime cases, the author also has obtained some datamaterials, under the help of procurators in Loudi Municipal People’s Procuratorate. Aftera simple empirical analysis, the author comes to a conclusion that the implementation ofgreater right of arrest on duty crime cases has got some achievements, but there also existssome obstacles, some useful measures could be taken constantly to improve it.