Consruction Of Arrest Judicial Review System

According to the provisions of the Criminal Procedure Law,arrest is the most severe one of the compulsory measures.The result of the application of arrest compulsory measures is often the prohibition or deprivation of personal freedom.Therefore,the necessity of arrest review is therefore important.In our country,the arrest review is divided into pre-trial review and trial review,which refers to the review of the procuratorate and the review of the court.In judicial practice,pre-trial procuratorial review often accounts for the majority.However,in some countries in the West,if the suspects are to be detained,they must be examined by the court to determine whether they are detained.In some emergencies,they can be detained without warning,but the detainees should be handed over immediately after the detention is made.Reviewed by the court to ensure the necessity of detention.From the perspective of safeguarding human rights,the arrest of a judicial review by a neutral court can better guarantee the fairness of the arrest of compulsory measures and thus protect human rights.This article takes Y State as an example.By analyzing the current legal system of arresting compulsory measures and existing problems,and based on the analysis and comparison of the arresting system of Western countries,this paper puts forward its own views on arrest judicial review in China.This article is divided into four parts:The first part:Firstly,it summarizes the research status of arrest judicial review in China,and points out the significance and purpose of arresting judicial review,which is conducive to safeguarding human rights and promoting the trial-centered litigation system reform.The second part:the question of what is arrest,what is the judicial review,and the analysis of the theoretical basis of judicial review,it can be seen that arrest is the most severe coercive measure on the premise of deprivation of personal freedom.Therefore,objective and fair The arrest review is particularly important.At the same time,from the perspective of comparative law,the research and analysis of the arrest and examination of Western countries are generally conducted by the neutral court as the main body for arresting judicial review.However,it also stipulates that exceptions can crack down on crimes in a timely manner.The mature system of Western countries is the arrest of justice in China.A good reference for reviewing institutional reforms.The third part:combing the legislative status quo and procedures of arresting judicial review system in China,and taking Y State as an example,analyzing the problems of arresting judicial review system in China from the perspective of judicial practice,mainly including three aspects:first,arrest Lack of supervision and restriction;second,the application rate of arresting compulsory measures is too high;third,lack of judicial remedy for the accused.The fourth part:In view of the problems in the judicial review practice in the above chapters,and the necessity of the court as a neutral status review arrest mandatory measures,the author discusses the construction of the judicial review system in China.The arrest of judicial review is carried out by the court as the subject of examination,and special judicial institutions are set up in various grass-roots courts to take judicial authorization before arrest and judicial relief after arrest.Part V:Conclusion...