职务犯罪案件逮捕权上提一级制度研究——以娄底市检察院为例.pdfVIP

Abstract Arrestment measure is a compulsory measure which mainly used to ensure the conducting of criminal proceeding smoothly without the nature of publishment. In judicial practices, investigation is used only as a kind of supplementary mode, due to some special reason. Especially in duty crime cases, there always exist the situation of arresting taking the place of investigation. This problem also reflects much more attentions are paid to the mandatory of arrest, but the human right protection is neglected. As the awakening of human rights consciousness, the background of judicial reform of human right protection is conflicted with case-handling model of investigation to catch and it has caused many arguments in the society. Before the modification of criminal procedure law, Provincial Peoples Procuratorate to initiate an investigation of the case by a higher Peoples Procuratorate decided to arrest (Trial) has been issued, through the discussions of the Supreme Peoples Procuratorate and many times expert conferences, which aims to enhance the human right of criminal suspect and the limitation on the power of investigation in duty crime cases. Whether this reform can eliminate the malpractice of case-handling model of investigation to catch or enhance the limitation on duty crime, all need to make many empirical studies. In order to get a further understanding and an elaborated thinking on the ways of arrest for the present duty crime cases, the author also has obtained some data materials, under the help of procurators in Loudi Municipal Peoples Procuratorate . After a simple empirical analysis, the author comes to a conclusion that the implementation of greater right of arrest on duty crime cases has got some achievements, but there also exists some o