Research On Procuratorial Supervision Of Failure To Submit For Review And Arrest Case

As a compulsory measure in the stage of criminal investigation,criminal detention is conducive to accurately and timely control of criminal suspects,and plays an important role in combating criminal offences and improving the efficiency of handling cases.However,criminal detention deprives the suspect of personal freedom,and improper application will infringe on the legitimate rights and interests of the suspect.At present,there are many unreported arrest cases after criminal detention by public security organs.The unreported arrest cases after criminal detention violate the legitimate rights and interests of criminal suspects.Criminal detention controls criminal suspects,prevents them from continuing to commit crimes,and ensures and promotes the smooth progress of criminal proceedings.However,improper use of criminal detention would violate human rights.At present,the proportion of unreported cases in criminal detention is too high,and the rights and interests of criminal suspects during criminal detention are not fully guaranteed,which violates the principles of judicial fairness,justice and human rights protection in China.This paper introduces the function and significance of criminal compulsory measures in criminal detention.Starting from the characteristics of unreported arrest cases in criminal detention,on the basis of elaborating relevant theories,aiming at the present situation of unreported arrest cases in criminal detention,it explores ways to strengthen the solution of unreported arrest cases in criminal detention,and puts forward legislation for improving the system of accountability investigation and the system of filing unreported arrest cases in criminal detention.Suggestions such as investigation appeal system,long-term periodic census system and standardization of supervision process should be made to strengthen supervision over unreported cases of criminal detention and promote judicial fairness and fairness.