Research On The Litigant Reform Of The Procedure Of Reviewing Arrest

The arrest review is to supervise and check the implementation of the criminal coercive measure.The way of the arrest review can reflect whether the operation of the judicial organs’ power complies with the laws of the law,the degree of openness of the prosecution work,and whether the protection of human rights complies with international judicial standards.Explore the transformation and reform of arrest review from administrative approval to litigation,and how to gradually introduce judicial review to justify the operation of power.By reviewing the current litigation status of the practice reform of the arrest review method,142 sample cases of the arrest hearing system in the pilot reforms in various places were collected and modeled,and the beneficial results and shortcomings of the existing practice exploration were analyzed.Based on the rights of the arrested person in the international conventions,this article analyzes the different regulations and practices of judicial review system for arrest and pretrial detention in extraterritorial countries,and extends it to the enlightenment summary of the reform of arrest review litigation in China.The study found that the litigation reform of the arrest review method is a transitional step in China’s continuous implementation of the neutral judicial review of arrest or detention with the international community.Factors affecting the reform include lawyers’ intervention,certification mechanism,assessment and accountability systems,etc.The improvement of supporting measures is also an important guarantee to promote the completion of the litigation transformation of the arrest review method in China.Analyze the implementation path of China’s arrest review reform through case collection and litigation presentation,and point out the theoretical and practical basis for constructing a multi-level review and arrest model.It is also necessary to rationalize the elements of the proof,combine the lawyer system on duty,improve lawyer intervention,and improve judicial relief,etc.