Research On The Subject Of The Right To Arrest

Arresting enforce to deprive the personal liberty of citizens,the quality of arrests are of crucial importance in the context of rule of law for the protection of human rights.The rational allocation of arrest is the key to determining the quality of arrests.Arrest by the investigating authorities to apply,execute,in order to prevent the investigation authorities from abusing their arrests and depriving them of their personal freedom,proper appropriation of power of arrest,supervision and restriction of the power of investigation is an effective way to guarantee the high quality and legitimate operation of arrest.This article nearly 30000 words,is divided into three parts.The first part is the controversy over the transfer of the right of arrest to court.The pro-faction advocates that the approval of arrests be handed over to the courts for exercise,and reason is the following four points:First,the court’s neutrality.The neutrality of the subject of arrest is an important factor that affects the ownership of the power of arrest.Whether the subject of arrest is neutral or not is directly related to the fairness of the exercise of the power of arrest.The court is independent of both the prosecution and the defense,impartial and more neutral than the prosecutor.Second,the current arrests are of poor quality.The quality of arrests in our country is not satisfactory.Scholars attributed this to the prosecutor.Third,prosecutor exercise the power of arrest to break the principle of equality between prosecutors and defense.The prosecutor have both the right of prosecution and the right of arrest,resulting in unequal rights of both trial parties and incompatibility with the rules of modern criminal procedure.Fourth,to learn from foreign experience,the extraterritorial countries regard the courts as the right of arrest and the main body of custody.In view of the above-mentioned reasons,the opposition parties raised the opposite view respectively,and whether the issue of the power of arrest of both sides was handed over to the court.Accordingly,the author carries on the analysis,First of all,the court is not more neutral than the prosecutor’s office,and the court’s exercise of the right of arrest would affect the due neutrality of the court;Second,the poor quality of arrests is due to the existence of a problem with the arrest system,so that arrests and reconnaissance can no longer be attributed to prosecutors.prosecutors are no longer the reason for the poor quality of arrest;Thirdly,the prosecutor’s exercise of the right of arrest in the investigation phase has nothing to do with the equality of prosecution anddefense;Finally,comparing the similarities between the regulations of extra-territorial countries and comparing with the national conditions of our country,we think that our country’s courts are not suitable to be the main body of the right to apprehend arrests.To catch up with the international trend is not an end and is in line with the national conditions.The second part is about the rationality of prosecutor in our country.First of all,the essence of the power to apprehend for arrest is the power of law supervision.The prosecutor of our country is the legal supervisory authority,and the power to apprehend arrest should belong to the prosecutor;Second,the program is valid.After a long period of judicial practice,prosecutor and public security organs have natural connections,and prosecutor themselves have the requirement of neutrality;Thirdly,real and reasonable.The Prosecutor’s professional improvement and the Procurator’s establishment of personal responsibility system apprehend the Prosecutor’s exercise of the right;Lastly,although our country has a different ownership of the arrest rights of other countries,it is not contrary to the norms of international criminal justice and remains in line with international norms.The third part is about the prosecutor’s exercise of the power of arrest and improvement measures.The problems are: the administrative decision-making style,closed process of arrest,defender participation rate is low and the suspects lack the right to relief.In this regard,I advocate the review and approval of the lawsuit reform,the establishment of procedures for hearing arrest.Its theoretical basis is: to protect human rights,procedural participation and power constraints.The specific system design includes the main body,hearing the scope of the case and the hearing content,procedures.This article analyzes the controversy over the subject of the right of arrest,and advocates that the prosecutor should exercise the power of apprehension of arrest as the subject of the right of arrest.On this basis,we found the issue of arrest and put forward measures to solve the problem.The review and approval of the lawsuit reform can improve the quality of arrest,safeguard the personal freedom of suspects,and make the arrest system develop soundly within the rule of law.