Study On The Litigation Of The Arrest Procedure

Strengthening judicial guarantees on human rights is an important task in the current reform of the judicial system in China.Arrest,as the most severe criminal coercive measure,directly affects the right to personal liberty in the basic rights of citizens.In order to fully protect human rights and solve the problems in the exercise of arrest rights,we must correctly understand the significance of reviewing the lawsuit of arrest and arrest,improve the judicial concept,and provide guidance for promoting the reform of the litigation process.The academic community has always had many criticisms about China’s review and arrest procedures,including the following aspects: the procuratorate’s exercise of the right to arrest is not neutral,the examination and approval procedures for administrative approval,the judicial attributes are not obvious,the information is not correct,lack of relief,etc..Under the background of the continuous reform of the judicial system,the reform of the litigation process of reviewing arrest procedures is conducive to reviewing the judicial attributes of arrests and improving the judicial protection of human rights.This paper mainly includes three parts: introduction,body and conclusion.Introduction: Briefly introduce and explain the significance,methods and objectives of this study.The text analyzes and expounds the judicial exploration and institutional construction of the litigation process through four parts.The first part: introduces the basic outline of reviewing the litigation process of arrest procedures.Firstly,the concept and characteristics of the litigation process of reviewing arrest procedures are expounded.Secondly,the principle and value significance of reviewing the litigation process of arrest procedures are analyzed.The second part: research and review the legislation status and judicial practice of litigation in the arrest procedure,and at the same time put forward the problems in the litigation of the current review arrest procedure.The third part: Analyzes the problems faced in reviewing the litigation process of arrest procedures,and proposes solutions.The fourth part: Macroscopically put forward the problem of solving the litigation in the current review arrest procedure and the design of the litigation transformation with the arrest of public hearing as the core.The conclusion part: briefly summarizes the trend of reviewing the litigation transformation of the arrest procedure and constructs a litigation transformation proposal centered on arresting public hearings.