The Arrest of the Necessity for Research
|School||Southwest University of Political Science|
|Course||Code of Criminal Procedure|
|Keywords||arrest of necessity arrest abuse aisk assessment judicial relief|
The arrest of the need for the problem is the major issues in the criminal proceedings, onwhether the defendant’s personal freedom can be effectively protected, on whether the arrestcan not be abused. To effectively protect the human rights of criminal suspects and defendants,and strictly control the abuse of compulsory measures of arrest, we must be re-examine thenecessity of arrest. The arrest of the need for elements is the procuratorial organs to strictcensorship of a requirement, when supervision of custody department examining andapproving arrests, in addition to consider the arrest of the elements of evidence and penaltieselements in the arrest of the review. It is a key link to curb arrest abuse of measures. Atpresent, in judicial practice, the suspect, the defendant’s personal freedom is violated becauseof the arrest of the need for elements to be ignored, arrest applies to the universalized.Therefore, this article attempts to inspect the problems of the arrest of the need for elementsin the system and judicial practice, analysis of the relatede law countries and regions of thedetained system, and then, proposed the recommendations to improve the arrest of the needfor elements of system.The article introduction pointed out that the arrest measures are applicable to judicial practicewith serious problems, reflect on the need for legislative provisions of China’s arrest, andthen put forward the scientific and rational design, with the arrest of the need for elements ofthe operational and for objective,in order to control the measure of arrest abuse, to protect thehuman rights of criminal suspects and defendants.The first part of the article examines system status of the arrest of the arrested necessityelements. The article are discusse arrested defects, censorship defects, judicial relief systemdefects the system of the arrest of the arrested necessity,they are the important reason for thecause of the arrested necessity not implemented.The second part of the article analysis the arrested necessity elementsthe of the flaws injudicial practice problems. This paper discusses mainly the judicial practice problems forarrest measures of generalized, custody becomes the norm.The third part of the article focuses on inspection the rule of custody system of lawcountries and regions. The author mainly summarizes the characteristic, the purpose and the reason of the custody system to western countries, summarizes the related law countries andregions of the necessity of custody legislation and judicial custody of the legality of reliefsystem.The fourth part of the article is to improve China’s arrest of the need forrecommendations. This part contains the following advice, are to improve the arrest of theneed to adhere to the principle, to construction of the mechanism of the arrest of the need forrisk assessment, to improve the arrest of the need for legislative to establishment of the arrestof the need for program review mechanism. The establishment of arrest warning evaluationmechanism is the necessity to arrest the effective way of the objective necessity, constructionof the arrest of the need for judicial relief mechanism is the protection of the arrest of the needto implement the system.