Abercrombie,_ hearing procedures of arrest

kingu08pgg9

Hearing procedures of arrest

Abstract: At present, arrests of criminal proceedings is not part of the operation of the specific procedures to follow,[link widoczny dla zalogowanych], the parties participation in the proceedings have been ignored, not effectively arrest the right to regulate, so it is unjust. Based on this,[link widoczny dla zalogowanych], we propose the establishment of monitoring procedures prior arrests --- the idea of hearing procedures,[link widoczny dla zalogowanych], proved its for the establishment of fair and efficient system for the value of arrest, and proposed a specific design.
Keywords: Arrest; hearing procedures; participation in the proceedings; litigation efficiency (benefit)
A
Arrest is the public security organs, the People's Procuratorate or the People's Court on criminal suspects and defendants in detention, custody, temporarily deprived of their liberty in the most severe enforcement measures. After 1997, the abolition of the asylum review requirements of the original proof of the arrest As Anping Taniguchi said, The reproduction of functions. However, the [2] Although the arrest of the nature, purpose, etc. are different from the penalty, but its action to the suspect set of rights and obligations, but also touched their right to physical liberty, it is in this sense, the arrest is also with these characteristics. Capture not only because of the wrong personal liberty of innocent citizens have been trampled upon, from the national side, but also by the State Compensation Law of the relevant provisions of the compensation. More importantly, the error rate rise will threaten arrest the authority of justice. Therefore, arrest procedures should be a rational design, to seek protection of the smooth criminal suspects human rights protection with the best combination of points, do not indulge crime, not wronged innocent. In other countries, the general adherence to the In China, the implementation of one charge capture system,[link widoczny dla zalogowanych], the arrest means that detention, according to the provisions of the Criminal Procedure Law, the People's Procuratorate organs for the investigation of cases of unilateral transfer of arrests written examination, the suspect did not listen to opinions of specific operational program specifications. This is a judicial practice, many problems have incentives. On the one hand, the People's Procuratorate of the public security organs for examination of cases of arrest, including a review of whether the arrest and apprehension of the physical conditions of the investigation before the conformity of the activities of criminal procedural law, the People's Procuratorate is an important part of investigation and supervision. However, the People's Procuratorate reviewed files alone, and not to listen to the views of the suspect, difficult to detect non-compliance procedures investigators have called for interrogation, torture and other illegal acts evidence, whether there is bribery, graft, favoritism and other acts, [3] and the existence of the suspect suffering from a serious illness, pregnancy, breast-feeding their babies, etc. are not arrest the situation. Therefore, some scholars believe that On the other hand, although the arrest is an investigation right of supervision,[link widoczny dla zalogowanych], but their is also a power, and any risk of abuse of power have, in the face of the exercise of the power line only with the ending, this is a eternal and unchanging experience. Monensin arrest rights are an exception. However, in our country, not only of the People's Procuratorate approved the arrest of the restriction requirement that the provisions of Article 70 of the Criminal Procedure Law, opinion is not accepted, you can request a review by higher level People's Procuratorate. Loss program in the context of regulation, the People's Procuratorate to achieve the full burden of proof, allegations of criminal purposes, it is possible ,],[
Seen from the above aspects of the current operation of the criminal proceedings arrest greatly derogatory quantified through the process of criminal proceedings, scattered, standardized mechanism of judicial power of the system design, while indifferent to the party's participation in the proceedings, let alone defend themselves, the right to cross-examination such as the right to compete with the arrest of other series of procedural rights, the judicial practice of inducing many problems. Based on this, the author led to the establishment in arrest part of Procedure of the hearing.

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