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The Investigation Report on the Application of Arrest

Author: LiuGuanFen
Tutor: ZhangNengQuan
School: Southwest University of Political Science
Course: Legal
Keywords: Arrest Criminal Settlement Bail Surveillance
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 79
Quote: 0
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Abstract


In the system of criminal coercive measures , arrest is the most severe and most effective one. A reasonable arrest system standard can guaratee the criminal activities carried out smoothly, achieved fighting against the crime, protecting human rights, maintaining the social order targets effectively . In our judicial practice, the application of the arrest still have many problems. The paper made an empirical investigation on Y Province L’s County People’s Procuratorate from 2008 to 2010 about the annual application of the arrest , analysised the relevant data and then put forward the reform measures .The first part of the paper analyzes the main problems of the application of the arrest ; First, the arrest rate is high; Second, after catching light punishment decision phenomenon highlighted; Third, the light punishment after the sentencing types are focus. The second part of the paper made an analysis of the main reasons; First, the decision to arrest lack of due process, non-custodial alternatives to play its proper functions are limited, the arrest evidence is not scientific enough to set such standards; Second, after catching light punishment decision phenomenon mainly influenced by the outstanding traditional criminal justice idea and civil compensation and other factors;Third, the light punishment decision was mainly concentrated on a small number of charges applied by the criminal settlement, juvenile delinquency and other implications. The third part expounds the reform recommendations for arrest; First, improve the bail, surveillance and other non-custodial alternatives to improve their application rate; Second, give criminal suspects and defendants the right to judicial relief from the legislation. Third, perfect the relevant legislation, guarantee the criminal suspect’s rights to defense can be fully realized during the examination. Fourth, standardized and normalized the criminal settlement system; Fifth, reform the arrest standard of the proof systems; Sixth, establish the mechanisms for risk assessment does not capture cases, do predict and prevent the related risk , and resolve work well in advance

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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