On Substantive Examination of Arrest and Its Litigation Reform

NIE Youlun

Journal of Renmin University of China ›› 2023, Vol. 37 ›› Issue (4) : 80.

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主管:教育部
主办:中国人民大学
ISSN 1000-5420  CN 11-1476/C
PDF(8541 KB)
Journal of Renmin University of China ›› 2023, Vol. 37 ›› Issue (4) : 80.

On Substantive Examination of Arrest and Its Litigation Reform

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Abstract

Policy makers demand for a substantive examination of arrest around the key topic to reduce pretrial detention in criminal justiceThe legitimate purpose of arrest cannot ignore the defensive nature of ensuring a smooth judicial processTo avoid any dangerous act of the defendant justifies an arrestThus to clarify whether the defendant is dangerous or not is the key to the application of arrestDue to a misunderstanding of the purpose of arrest, the procuratorate has developed a model of examination holding the prediction of conviction and sentencing as its main content and written review, the main methodThis is not in accord with the purpose of examination of arrestThe implementation of the substantive examination of arrest not only requires the clarification of the specific criteria of the danger the defendant may bring, but also needs to provide for the reviewer platforms and tools to identify the possible dangers in questionFor this reason, the authorities should speed up the construction of a litigationoriented framework of examination and establish a proper structure and due procedural mechanism of internal operation.

Key words

Arrest examination / Social danger / Substantive examination / Litigization

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NIE Youlun. On Substantive Examination of Arrest and Its Litigation Reform[J]. Journal of Renmin University of China, 2023, 37(4): 80
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