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System of Arrest reform and improve research

Author: LiYunCui
Tutor: LuoShaoHua
School: Guangxi University for Nationalities
Course: Procedural Law
Keywords: Arrest Custody Compulsory measures Perfect
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 65
Quote: 0
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Abstract


Arrest system is the criminal justice system an important part of crime and punishment plays an important role in protecting human rights . As national judicial systems and systems are different, the concept of arrest provisions in each country are not the same . Arrest is defined by our statutory implementing agencies in accordance with due process of law , in other coercive measures are not sufficient to prevent danger to society , the suspect, take , time limits or temporarily deprived of their liberty coercive measures. In the United Kingdom , Japan and other virtues of the rule of law , has a rich, perfect and complete system of arrest set theory . China's current system is still gradual improvement in the arrest . Due to the influence of traditional judicial philosophy and specific system design flaws, investigative techniques and other factors behind the constraints , resulting in the arrest and detention without distinction , arbitrary arrest of detention , extended detention serious arrest function alienation, remedies are not perfect , and many other issues have become increasingly outstanding. Arrest system problems affecting both the constraints and the dual function of the realization arrest system , especially not conducive to the protection of human rights , but also to bring the judicial practice confusion . Therefore, the need to re-examine the system of arrest , innovation arrest judicial philosophy , modify arrest legislative conditions , the use of an appropriate system of separation of the arrest and detention , arrest and defer to increase the transparency of the review process , reform of the place of detention after arrest , perfect arrest remedies and relief duty , multi-pronged approach to build supporting measures , etc. , 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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