逮捕必要性虚置问题及其对策分析word论文.docxVIP

AbstractAs Chinas Criminal Procedure Law arrest system has one of the most stringent enforcement measures to punish crime and protect the human rights of criminal objectives and functions , occupies an important position in the Criminal Procedure Law , but also plays a more important role , so it is a criminal law field study scholars generally pro- gaze . The need to issue the arrest of one of the research focus of the revised Criminal Procedure Law widespread concern , Selection of the review and the need to arrest this paper finds that undoubtedly has important theoretical and practical value.This article is a typical three-part model, from what is the need to review the necessity of the arrest and the arrest and found nothing , why the need to arrest the review and concluded that the need to examine how to make the arrest and identified three areas studied .The first part is the need to arrest the general principle of the introduction , a brief analysis of the meaning of the arrest and the applicable conditions necessary to arrest the subjective and objective criteria and identified the need to review the arrest and identified the need to review the meaning of common law , civil law Department of the Two major national practice and inspiration about the arrest and identified the need to review our country .The second part focuses on the arrest of the status quo of Chinas elaborate legislative body status quo siuation and the need to apply the theory and use of the status quo based on the need to arrest the arrest function proposed alienation exists in practice , the concept of litigation and other problems , problems in restatement Based on the concept from the litigation , litigation system , the objective reality of the causes of the arrest of the three levels of the necessity of being dummy analysis .The last part is the basis of the previous two sections , from theory to improve arrest necessity , the need for legislation to improve the arrest , the need to