By examining the evolutionary trajectory of institutional mechanisms related to arrest and the internal logic of changes in the related provisions of successive amendments to the law,it becomes evi-dent that the Criminal Procedure Law of the People's Republic of China has established a rigorously struc-tured,well-coordinated,and well-arranged basic legal system over control on the power of arrest in order to achieve"prudent arrest".The system comprises three distinct phases;Before arrest,the system requires"two-time separation"of power of arrest at time of its allocation,with necessary conditions of arrest being centered around assessments of specific social risk;During the exercise of power,it is imperative to"listen to both the prosecution and the defense"in the review of arrests;After arrest,to restrict the power,there is a necessity for prompt revocation and rectification of erroneous arrest decisions,as well as the release of suspects.From a practical standpoint,deficiencies and omissions regarding rule formulation and the implementation of proce-dure execution still exist in current control system.These include the incomplete separation of powers of ar-rest,insufficient support for the mechanism of"listening to both the prosecution and the defense",inexhaus-tive conditions for direct arrest with mechanical design,and absence of remedies by the parties involved in er-roneous arrest decisions.The ongoing amendments to the Criminal Procedure Law should align with the in-teractive logic of"practice-norms",prioritize judicial practice,and address the underlying issues of under-reg-ulated power execution and inadequate protection of rights during arrest.This approach will facilitate break-throughs in addressing complex challenges and pave the way for continuous advancement in the moderniza-tion of Chinese criminal procedure legal framework.
关键词
慎捕/法规范控制体系/径行逮捕/权利保障/《刑事诉讼法》修改
Key words
prudent arrest/legal system of control/direct arrest/protection of rights/amendments to the Criminal Procedure Law
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