The Abuse Of Court Arrest Power And Its Countermeasures In China

From the perspective of international criminal procedure law,pretrial detention,as a coercive measure to deprive citizens of personal freedom,violates the basic rights of citizens.Therefore,"pretrial detention" is a basic principle recognized by most countries in the world.The corresponding system of arrest is also the harshest measure in China's criminal coercive measures.The 2013 criminal law made specific refinement on the necessity of arrest since the revision of the conditions of arrest,were more stringent restrictions,three public security must unconditionally obey these rules.However,we found that from the neutral position of the court in the proceedings,the trial stage,the public prosecutor that the defendant no arrests necessary for the arrest of a high proportion of arrest has great randomness,the abuse of the power of arrest in different degree,serious damage to the rights of the defendant.This,however,has not been widely concerned.With the law,according to China court decided to arrest the principles,conditions and characteristics;secondly the relevant data with the author work of the grass-roots court from 2013 to 2015 the court decided to arrest the situation,pointed out that the current court arrested the abuse of the power of performance analysis caused by many reasons.The abuse of fishing power;again through the introduction of western countries the pretrial detention system,extracted from western countries regulate detention system,reduce the detention rate of beneficial experience;finally according to conditions of our country we should modify the relevant provisions,the court decided to arrest the arrest of strengthening procedural norms,external supervision,perfect court arrest perfect non detention coercive measures to prevent abuse of the power of arrest court.