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On the Reform and Improvement of China 's procuratorial organs for examination and approval procedures for arrest

Author: YinJun
Tutor: GuoJinXia
School: China University of Political Science
Course: Legal
Keywords: Examination and approval arrest Judicial approval of arrest right Reform and improve the
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 145
Quote: 0
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Abstract


In recent years, due to approve the arrest rate, the catch ① excessive light imprisonment rate, leading to the procuratorial organs to exercise the right to arrest the examination and approval has been a lot of criticism. Many scholars believe was the result of the above situation, because improper examined and approved the exercise of the power of arrest main. The procuratorial organs commitment functions of criminal charges, not neutrality, it is proposed to amend the existing legislation, the examination and approval of arrest granted to the court to exercise. Start from the nature of the examination and approval powers of arrest, the main system demonstrates the fundamental problem lies not in the exercise of this power of examination and approval procedures for arrest exists prosecution, but that the arrest of case-handling mode of the current examination and approval and related legislation for examination and approval power of arrest judicial contrary at. Learn from custody censorship in France, Germany, the United States and other countries and by comparison, based on China's national conditions and judicial practice, the reform and improvement of examination and approval procedures for arrest to make some suggestions. Specifically, the article reads as follows: The first part of the examination and approval for our arrest an overview of the program. Arrest, detention concept comparison with Western countries to clarify the specific meaning of arrest and the examination and approval of arrest concept; prove procuratorial organs to exercise this power through examination and approval powers of arrest legal supervision over the system of judicial argumentation with judicial review principle, for later examination and approval procedures for arrest exists and reform and perfect for bedding. The second part of the analysis of the problems and drawbacks of examination and approval procedures for arrest. Existing legislation on the review and approval procedures of arrest provisions, such as examination and approval by the arrest of the mode of the administrative case handling, parties are contrary to the judicial powers of arrest and the examination and approval of arrest refuses to accept the decision of the emptiness and lack of periodic review system of channels for relief resulting in the current examination and approval procedures for arrest can not fully realize the function of procedural justice and protection of human rights, can not give full play to the role of fixed points only indisputable, and damage to the procuratorial organs of the judicial credibility. Custody of the rule of law in the third part of the comparative analysis of France, Germany, the United States and other developed countries, the advanced experience of censorship, to learn from them about the custody hearing, custody relief, custody periodic review system design, program learn with our examination and approval for the perfect arrest. The fourth part of the program exists for our examination and approval of arrest, referring to France, Germany, the United States and other countries advanced practice, the proposed reform of the current case-handling mode, the hearing process is the introduction of the examination and approval of arrest of handling cases, and hearing procedures set up in accordance with the principles of , the meaning of the discourse; also proposed to be amended relevant laws, in the new Code of Criminal Procedure establishes the the arrest hearing system, an appeal against the arrest decided right to relief and periodic review system, in order to achieve the ultimate value of people-oriented Criminal philosophy.

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