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Research on the Reform of Arrest Procedure in China

Author: ShiYiMing
Tutor: ZhouBaoFeng
School: Inner Mongolia University
Course: Legal
Keywords: Arrest Arrest System Pending custody
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 173
Quote: 1
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Abstract


Arrest is a criminal coercive measures in the most severe one, it and civil rights protection are closely related . However, the arrest is a state coercive power backed by the criminal justice itself mandatory and an accompanying penalties violent decided to arrest in achieving social security and order and other legal value at the same time , at the expense , suspects, defendants person's constitutional rights for the price. In the West the rule of law , arrest and detention pending are two different concepts , both in normal circumstances are mutually independent and separated from each other . In order to prohibit the illegal arrest and detention phenomenon, Western rule of law establishes the legal retention policy and the principle of proportionality , given the detainees get habeas corpus and bail constitutional rights and give them in custody after seeking the right remedy ways to make them the opportunity to detention legality submitted to a neutral court ongoing review and detention were unlawful , unnecessary time as soon as possible to get released. Our arrest systems exist to arrest and approval authority not neutralized , captured and detained arbitrarily oriented , punishment oriented and the principle of proportionality violations , relief program emptiness and other basic defects, resulting in this series of questions is the root cause of the arrest and did not decide custody yet separated , pending custody remains a serious attached to investigation, prosecution and other criminal activities . To this end, the author proposes for our arrest system reform, the basic idea that the country should establish the principle of proportionality , the judge reserves the principles , learn and transplantation of foreign advanced system , thus achieving the arrest and detention of phase separation , to build a scientific and comprehensive arrest system .

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