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Research On The Reform Of The Arrest And Approved Arrest Procedure

Posted on:2024-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y CuiFull Text:PDF
GTID:2556306920469544Subject:Law
Abstract/Summary:PDF Full Text Request
In the context of continuously awakening the awareness of the rule of law society and citizens in my country,my country’s criminal litigation review and approval of the arrest process did not catch up with the pace of the times.In the process of practical exercise of review and approval of the arrest authority in my country,due to the ambiguous relationship between criminal judicial policies and criminal lawsuits,the alienation and blurring of the legislative spirit of the arrest system often occurred.At the same time,with the establishment of the Supervisory Committee in 2018 and the anti-corruption and anti-malfeasance functions of the People’s Procuratorate,the discussion of which subject exercised by the procuratorate should continue to exist and the power of public prosecution and approval of arrest.The voice of the arrest and approval of the arrest is transferred to the people’s court.So far,my country has not yet fully judged and litigated the censorship and arrest in the process of criminal proceedings.In essence,it still uses the administrative case handling mechanism to handle review and approval cases.At the same time,the investigation of the "social risk" factor of whether the judicial organs in my country have a decisive role in approved the arrest are not sufficient,and the scope of the case that can be applied to the approved arrest lawsuit is not clear.In addition,my country lacks legal relief methods for criminal suspects who have been arrested.The defense lawyer is difficult to carry out effective defense by the principle of investigation secrets.In this context,my country should gradually explore and establish a litigation and judicial review and approval case-handling mechanism in combination with the actual national conditions and learn from foreign experience.Specifically,first of all,it is necessary to clearly review and approve the arrest rights should be attributed to the people’s procuratorate to continue to exercise.The supply of relief methods of criminal suspects,analyzes how to establish a simplified divergence mechanism based on the case-based case,and try to propose a balance between computers and blockchain technologies to take into account the principles of investigation secrets and evidence instructions.
Keywords/Search Tags:arrest system, arrest condition, the reform of litigation of arrest, social danger, procuratorial organs
PDF Full Text Request
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