Research on Judicial Review of Arrest in China

Author(s): Yahong Wang

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Published: 2021-09-30

Abstract: The arrest and detention of suspects are the most severe criminal coercive measures. In order to protect the rights of citizens from illegal infringements and prevent the abuse of power by investigative agencies, the application of arrest and detention should be subject to judicial review. The review agency should be neutral and impartial. In China, the review of arrest and detention has strong administrative characteristics. First, the People's Procuratorate is responsible for reviewing arrest and detention, which is not wholly neutral as a public prosecution agency. Second, the procuratorate's review and approval of the arrest only passed written materials, which violated the rhetoric principle. Finally, the implementation of the integrated approach of arrest and detention lacks the court's participation and supervision. In the process of improving arrest review in China, judges should be responsible for review and supervision, hearing procedures should be implemented, and the review model should be litigated.



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