@article{ART001318315},
author={汪建成 and Changjun Jin},
title={Reform on Arrest in China},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2009},
number={43},
pages={665-685}
TY - JOUR
AU - 汪建成
AU - Changjun Jin
TI - Reform on Arrest in China
JO - DONG-A LAW REVIEW
PY - 2009
VL - null
IS - 43
PB - The Institute for Legal Studies Dong-A University
SP - 665
EP - 685
SN - 1225-3405
AB - The arrest in China consists of the act of arrest and the subsequent detention. The requirements for arrest are that there are evidences showing the facts of offense, that the offense is punishable by imprisonment and more severe punishments, and that it is necessary to have the offender arrested. The procuratorate has the power of approving arrests; it makes the decision to approve or disapprove after examining the facts. The problems concerning arrest in China are that the requirements for arrest are not quite operative, that the rate of approval and the rate of custody are always very high, and that the rate of guaranteed pending trial is low. China may experiment to innovate conditioned arrest. The academic circle raises diverse voices on its connotation, legality and the range of “major cases”. The conditioned arrest itself, however, is an innovation on the method of examination and approving, which does not lower the standards of arrest requirements. It is favorable for the establishment of case diversion system and it is possible to accelerate the advent of judicial review in China. During the course of reform, the standardization must be achieved; the extension of application should be avoided, and the relationship between the procuratorate and public security organ should be properly dealt with.
KW - arrest in China;arrest on the condition;permission to arrest
DO -
UR -
ER -
汪建成 and Changjun Jin. (2009). Reform on Arrest in China. DONG-A LAW REVIEW, 43, 665-685.
汪建成 and Changjun Jin. 2009, "Reform on Arrest in China", DONG-A LAW REVIEW, no.43, pp.665-685.
汪建成, Changjun Jin "Reform on Arrest in China" DONG-A LAW REVIEW 43 pp.665-685 (2009) : 665.
汪建成, Changjun Jin. Reform on Arrest in China. 2009; 43 : 665-685.
汪建成 and Changjun Jin. "Reform on Arrest in China" DONG-A LAW REVIEW no.43(2009) : 665-685.
汪建成; Changjun Jin. Reform on Arrest in China. DONG-A LAW REVIEW, 43, 665-685.
汪建成; Changjun Jin. Reform on Arrest in China. DONG-A LAW REVIEW. 2009; 43 665-685.
汪建成, Changjun Jin. Reform on Arrest in China. 2009; 43 : 665-685.
汪建成 and Changjun Jin. "Reform on Arrest in China" DONG-A LAW REVIEW no.43(2009) : 665-685.
