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Review And Approve The Operation And Reform Of The Arrest System

Posted on:2021-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:J Y DongFull Text:PDF
GTID:2516306272479734Subject:On-the-job Master of Laws
Abstract/Summary:
Based on the explicit stipulation in the criminal procedure law of the People’s Republic of China censorship arrest arrested functions performed by procuratorial organ,in recent years trial centered lawsuit system reform,reform of the judicial system,procuratorial organs internal institutional reform is completed,the criminal procedure law in 2018 for the third time,the examination and approval system of arrest has changed compared with before,a new problem in the process of actual operation,social risk,detention necessity of censorship,pleaded guilty to forfeit their leniency system,the judicial practice problems such as appropriate to the action of the review of the evidence,Review stage for arrest evidence,evidence examination content,the characteristics of the illegal evidence exclusion,etc.,this article from the connotation of the examination and approval system of arrest,the examination and approval system of arrest operation,in 2018,"criminal procedural law" the revision background,arresting the examination and approval system and the judicial practice,now review the arrest system operation and reform in China were discussed and analyzed.In the final analysis,the system of examination and approval of arrest is a system that deprives suspects of their personal freedom.This paper mainly includes the introduction and the text,which is composed of six parts:The introduction introduces the background of the topic,the research status and the research methods.The first part expounds the connotation of the system of examination and approval of arrest and its operation,introduces the historical evolution of the system of examination and approval of arrest in China,and discusses the legal provisions applicable to the system of examination and approval of arrest at the present stage.The second part studies some new procedures in judicial practice after the reform of the review and arrest system,the application of the litigation review in the review stage,the application and role of the admission and punishment system,and its role in the review and arrest system.The third part is the role of arrest and prosecution system in the examination and approval of arrest system after the reform of judicial responsibility system.The fourth part discusses the application of the law in the stage of examination and approval of arrest,and the changes of the provisions of the law on examination and approval of arrest after the amendment of the criminal procedure law from 1979 to 2018.The fifth part mainly discusses the application of evidence under the system of examination and approval of arrest.Examine the characteristics of evidence in the stage of approving arrest system,examine the specific method of evidence and exclude illegal evidence.The sixth part of the review and approval of arrest system in the operation of the existing problems proposed solutions.
Keywords/Search Tags:Review and approve the arrest system, review and approval arrest, procuratorial organs
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