On the Procedure of Warrant Arrest
|Keywords||Procedure of Warrant Arrest Similar Procedure of Warrant Arrest Problems Perfection|
In our country, the procedure of warrant arrest has gone through a process of from scratch, from stopping at the awareness level to putting into practice in the legislation, from ever not standard to gradually standard. Our country’s authorized arrest procedure is a part of arrest system and a subroutine of arrest procedures. Broadly speaking, our country’s authorized arrest procedure includes the procedure of the Public Security Organ submitting arrest to the People’s Procuratorate, the procedure of the People’s Procuratorate authorizing the arrest, the procedure of the People’s Procuratorate informing the parties, the procedure of safeguarding and redressing the right of criminal suspects and victims, the mechanism of supervising and restricting the procedure of approval of arrest and so on. This article also analyses and researches the procedure of approval of arrest, from a broader perspective.On the one hand, the procedure of warrant arrest has the value of safeguarding the smooth prosecution of criminal; on the other hand it has the value of safeguarding the legitimate rights and interests of suspects, also. Therefore, the procedure of warrant arrest has an important status in criminal proceeding and also plays an important function in maintaining the social stability and the assurance of human rights. But, our country’s authorized arrest procedure always has thick color of administration and it is difficult to show the feature which the procedure of judicial review has, which reflects that our country’s authorized arrest procedure is inherent deficient, in a way. In view of this, I study the similar procedure of warrant arrest of other main countries, roundly. By comparison, I found that the similar procedure of warrant arrest of other main countries has certain differences, but regardless of France and Germany which belong to civil law system, United States and Britain which belong to common law system, or Japan and Russia are trying to keep a balance between the goals of safeguarding human rights and prosecuting crime and will not get the smooth process of criminal proceeding in expense of sacrificing the freedom of innocent suspects.Through the study of the similar procedure of warrant arrest of other main countries, I find that our country’s authorized arrest procedure not only has the problem of thick color of administration, but also safeguarding and redressing the right of suspects and victims is not adequate, the mechanism of supervising and restricting the procedure of warrant arrest is not perfect, has the problem of lack of publicly and fairness and so on. In response to these questions, I analyze reasons from these two levels of direct causes and underlying factors.The reform and improvement of the procedure of warrant arrest relates to the solution of problems such as wrong arrest, excessive arrest, illegal detention and exceeding detention and the safeguarding of human rights of suspects. But, the reform and improvement of the procedure of warrant arrest should insist the moderate principle and fully taken into account the actual situation of our country. Based on this, I try to find a moderate and gradual reform path, and reform and improvement our country’s authorized arrest procedure with these measures such as establishing the procedure of hearing of witnesses, implementing the system of individual responsibility of arrest staff, consummating the informing procedure of arrest decisions, consummating the procedure of redressing the rights of suspects and victims and setting up the system of counterchecking detention.