Reconsideration Of The Litigated Procedure Of The Arrest Scrutiny

In China's criminal justice practice,the examination of the arrest procedure is too administrative,not only makes it gradually swayed,but also hinders its role in achieving criminal justice value.In this context,the review of the arrest procedure has begun.From the beginning of the revision of the Criminal Procedure Law in 2012,China has gradually moved toward a reform path to review the litigation process of arrest procedures.The direction of China's review of the arrest procedure reform is from administrative approval to litigation.In 2016,the Supreme People's Procuratorate clearly stated the requirements of “the transition from reviewing arrests to judicial review and exploring the establishment of litigation-based review mechanisms” during the “13th Five-Year Plan for the Procuratorial Work Development Plan”,marking the litigation of China's review and arrest procedures.In-depth progress in reform.The first-hand data source reflects the innovation of this article.This paper examines the process of litigation reform in the arrest procedure recently.It uses six pilot procuratorates in Chengdu from March 2017 to March 2018(Chengdu Procuratorate,Pengzhou Procuratorate,Dujiangyan City Procuratorate,Jinniu District Procuratorate,Jinjiang District Procuratorate and Wuhou District Procuratorate examined the trial data of arrest and litigation reform as a sample of research.This paper analyzes the progress and dilemma in the review of the litigation process of the arrest procedure.On the basis of the preliminary investigation of the practical problems in the litigation reform of the arrest procedure,it focuses on the analysis of the "control" and "defense" in the litigation review."Trial" questions of the three parties.In addition,it also analyzes and demonstrates the conflicts of judicial principles arising from the review of the litigation reform of the arrest procedure and the reasons for the inconsistency between the actual progress of the litigation reform and the theoretical prediction.The purpose is to promote the improvement of the theoretical construction and practical application procedures in the review of the arrest procedure,in order to explore an objective,reasonable and effective purpose realization path.This article is divided into four chapters.The first chapter briefly expounds the development process and current situation of reviewing the litigation reform of arrest procedure,and analyzes the progress and current deficiencies of the reform.The background and significance of the topic were elaborated,and the current research results and related systems abroad were used as research references.The purpose is to more clearly recognize the issue of reviewing the litigation process of the arrest procedure to date,and lay the foundation for the following discussion.The second chapter shows in detail the research data used in the paper,including the pilot data of the trial and arrest reform of the six pilot procuratorates in Chengdu.The data of the Chengdu Procuratorate,the Pengzhou City Procuratorate,the Dujiangyan City Procuratorate,the Jinniu District Procuratorate,the Jinjiang District Procuratorate,and the Wuhou District Procuratorate's six procuratorates from March 2017 to March 2018 include not only the four main city procuratorates.It also includes two procuratorates in the suburbs and suburbs of Chengdu,and such data will provide a more comprehensive and effective reflection of the pilot reform work in Chengdu.And the data selected by the author,the time spans one year,covers more situations,and is more effective in statistical sense.The third chapter analyzes the problems in practice from the procedural review statistics of the procuratorate of the pilot reform.Because of the novelty of the data adopted by the author,the problems in this chapter reflect the uniqueness and originality of this article.For example,the scope of the litigation review mode is not clear,the procuratorial organs are not neutral enough,the investigators are integrated,the hearing venue is more random,the legal services provided by lawyers are unstable,the litigation review conditions and procedures are not standardized.The author has carried out a more detailed analysis and discussion on the basis of the existing data.In addition,the author also compares the lawsuit of arrest and the existing necessity of custody,and summarizes the problems existing in the investigation and procuratorial organs in the litigation review,and demonstrates the necessity and control of litigation reform.The "disease" and "review" of the three parties in the face of the litigation reform.In the fourth chapter,the author puts forward his own ideas on constructing the relevant supporting mechanism for litigation review.It proposes to protect the lawyer's right to participate in litigation review and expand the scope of legal aid to protect the rights of criminal suspects,extend the time of review and arrest,and improve relief measures.The shortcoming of this paper is that the data used in this paper is only limited to the data of the procuratorate in Chengdu,and it is impossible to make a comprehensive assessment of the current reform of the litigation review system in light of the situation in the other five pilot reform areas across the country.