Out of Arrest-centrism:A New Arrest Review Model with Relative Separation of Arrest and Prosecution
Arrest-centrism has led to the deflation of court hearings,hampering reform of trial-centrism.In recent years,a series of reforms in China have not solved the problem of arrest-centrism.The dependence on arrest measures in serious crime cases has risen rather than declined.The binding effect of arrest results has become more prominent.And the problem of shifting the standard of convic-tion in a case forward still exists.Further,the unification of arrest and prosecution have led to function-al alienation and the overflow of power.The fact of arrest determines the facts of the case,and the pro-cedural rights of the accused are curtailed.As a result,the phenomenon of arrest-centrism has deep-ened.There are three fundamental reasons for this.First,the power of arrest is imbued with the insti-tutional expectation of discovering facts.Secondly,social dangerousness review is plagued by a shortage of proof mechanisms and materials.Third,the absence of supervisory and remedial procedures for cus-todial review has led case officers to circumvent the law.If we want to get out of arrest-centrism,we should be based on the current situation of China's justice,and build a new type of custody review mech-anism with relative separation of arrest and prosecution.Specifically,an independent detention review department should be set up;the passivity of detention review should be guaranteed;evidence should be collected around social dangerousness;detention review procedures should be established and the exist-ing detention hearing system should be improved in terms of publicity and substance.
Arrest-centrismTrial-centrismUnification of Arrest and ProsecutionArrest Re-view
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维普
