论批捕权与司法公正（On the right of arrest and judicial justice）.docVIP

论批捕权与司法公正（On the right of arrest and judicial justice） On the right of arrest and judicial justice Author: Hao Yinzhong In the modern society ruled by law, the allocation of any judicial power or litigation right must have inherent justice and external rationality. The so-called internal legitimacy is mainly manifested in whether it conforms to the basic requirements of procedural justice, while its external rationality shows whether it can guarantee the fair realization of substantive law. The harmony and unity between them is a basic value standard to evaluate the authorized legislation of litigation procedure. Our constitution and the criminal procedure law clearly stipulate that the procuratorial organs have the right to arrest the cases investigated by the public security organs and from the cases investigated by themselves. For this power allocation is legitimate and rationality, will help protect justice fully realized, law circle has not given due attention, which hinders the judicial reform process of our country to a certain extent. One The personal freedom of citizens is the most basic and the most primitive requirement of human life. As Marx said, the laws are affirmative, definite, universal norms, the existence of freedom in these norms, universal, theoretical, and not dependent on the capricious nature of an individual.. (Note: complete works of Marx and Engels, first volumes, seventy-first pages) If the personal freedom of citizens can not be guaranteed, let alone the dignity of human beings and the exercise of democratic rights. It is precisely because freedom is one of the highest values in the legal value. Therefore, in the modern rule of law society, the constitutions and specific laws and regulations of each country have made a more detailed provision for the protection of citizens personal freedom. Especially in criminal proceedings, most countries adopt the principle of presumption of innocence in the criminal suspects and defendants without t