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On The Arrest Of The Need For Review

Posted on:2013-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z SongFull Text:PDF
GTID:2266330401483571Subject:Law
Abstract/Summary:PDF Full Text Request
The arrest is the most stringent measures of criminal compulsory measures, the procuratorial organs as the supervisory authority of the law, accurately grasp and apply to the arrest of necessity, is the key to assurance review of the arrest of the quality of the case, but also an important manifestation of the exercise of the right to legal supervision and protection of human rights.Therefore, the procuratorial organs apply for review of arrests, it is necessary to change the concept of structure crime, arrest, critical review of the arrest of "necessity" used with caution in the power of arrest, to strengthen legal supervision, to resolve social conflicts.Of the judiciary in the practice of law for review of arrest cases exist enough of the crime were arrested, caught on the complaint "deeply entrenched, the investigation organ arrest and the need to" insufficient evidence collection, evidence collection is difficult practical difficulties, the concept of judicial officers and judicial operation, defects and other issues. Learn from foreign judicial organ for the arrest of the need for review of analysis of the judiciary to review the status of the arrests, inadequate and system analysis, the perfect way to suggest improvements to change the judicial philosophy, and firmly establish cautious catch Thought need to review the arrest, and strictly implement the policy of combining punishment with leniency of criminal justice. To grasp the arrest of "necessity" to the subject of crime, subjective vicious, crime number, plot, etc. into consideration, analysis. Improve the quality of the investigators, to correctly assess the risk of cases caught after. Unified "public, prosecutors, law awareness, the establishment of the arrest of the need for proof of mechanism.
Keywords/Search Tags:arrest, Criminal compulsory measures, Arrest of the need for, Temperjustice with mercy
PDF Full Text Request
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