Research On The Review Of Arrest Litigation

In 2009,the Supreme People’s Procuratorate first proposed "hearing procedure in arrest cases" in the work plan for deepening procuratorial reform in 2009-2012,which is the beginning of the reform of the litigation of arrest review;in 2016,the Supreme People’s Procuratorate issued the outline of the development plan of procuratorial work during the 13 th five year plan period,which proposed "transformation from examination and arrest to judicial review,exploration and establishment" After the "litigation review mechanism",it has developed rapidly.The trial work of examining and prosecuting arrest has been carried out in some procuratorial organs,which reflects many problems.In this paper,after understanding the goal of the reform of the review of arrest litigation,being familiar with the current legal provisions and relevant documents,combining with judicial practice,drawing on the opinions of many domestic experts and scholars,the author expresses his own opinions on the reasons for the difficulties in the reform of the review of arrest litigation,puts forward countermeasures and suggestions to improve the existing review and arrest system in China,and puts forward the right of approval and arrest to the court in the future Look ahead.In addition to the introduction and conclusion,this paper is divided into four parts.The first part: lead to the problems of this paper.It is pointed out that the three amendments of the criminal procedure law have limited effect on reducing the application rate of arrest.In the face of the problem that the revision of law still cannot change the high rate of application of arrest,the theoretical circle calls forlearning from foreign countries to establish a procedural review mechanism;the practical circle begins to explore the procedural review.At the same time,there are also scholars and practitioners who have questioned the reform of the review and arrest litigation.In the face of two completely opposite attitudes,this paper puts forward the question whether we can break through the dilemma faced by the reform of the prosecution of review and arrest.The second part: summarize the general situation of the trial work of examining arrest litigation in C City of S Province and the problems encountered during the trial work.The third part: combined with the problems reflected in the pilot project of S Province and C City,it demonstrates the dilemma of the review of arrest litigation from three aspects: the existing legal system can not meet the conditions of the litigation structure required by the review of arrest litigation,the limitations of the actual judicial conditions,and the impact of the integration of arrest and litigation on the review of arrest litigation.The fourth part: Based on the purpose of the reform and the dilemma that the reform can’t break through,the author puts forward some feasible countermeasures in the near future and the long-term prospect of giving the right of examining and approving arrest to the court.