Research On The Issue Of Arrest Litigation

Reviewing arrest is an important function of the procuratorate,and it is also a criminal compulsory measure.It has the functions of saving judicial resources,preventing social danger,and ensuring the conduct of criminal proceedings.In the past domestic criminal cases,most of the applicable procedures for review and arrest were closed,written,and administrative,and cases of indiscriminate arrest and wrong arrest occurred frequently.With the reform of the new criminal procedure law,various localities have begun to conduct trials on the litigation of censorship arrests,in an attempt to change the problem of insufficient openness and confrontation in the censorship arrest system,and make censorship arrests more judicial.However,many shortcomings and problems have been exposed in the process of reviewing arrest and litigation,such as the low participation rate of criminal suspects and insufficient lawyer intervention.Reform has become a mere formality.At the same time,how to deal with the relationship between confidentiality and disclosure of case information.How to scientifically design the related procedures of public hearings and other issues have not been effectively resolved.Therefore,the current discussion on deepening the reform of review and arrest litigation has important research and practical significance.This paper analyzes the relevant data of the pilot trial of review and arrest litigation in J province and N city,and reveals that the current reform has such shortcomings as mere formality,insufficient participation of criminal suspects,insufficient intervention of defense lawyers,and insufficient demonstration of social risks.By analyzing the detention litigation decision procedures in European and American law countries and civil law countries,it is found that these countries have stronger judicial attributes and more complete remedies,which are worthy of our study and reference.At present,there are three contradictions in the process of carrying out review and arrest litigation: the contradiction between punishment crime and neutral judgment,the contradiction between justice and efficiency,and the contradiction between confidentiality and openness.The author believes that the current exercise of the power of review and arrest by the procuratorate is reasonable.Prosecutors are neutral and can exercise the power of review and arrest due to their legal guardian position.Byestablishing an efficient form of review and litigation,a balance can be found between fairness and efficiency.Increase the involvement of lawyers.On the basis of not affecting the subsequent litigation process,appropriately expand the scope and extent of evidence disclosure,sign confidentiality agreements with lawyers,and take both confidentiality and openness into consideration.Based on the relatively abundant literature and information,this paper answers the classic questions encountered in the reform of the review of arrest litigation through comparative research and empirical research,designs a relatively complete public hearing mechanism,and proposes the possibility of supporting systems The proposal is conducive to advancing the procedure of arrest.