文档介绍：Abstract
The substantial condition of arresting is the basic standard in the implementing of arrest measure,and the premise and foundation of guaranteeing the carrying out arrest correctly,and if it is installed reasonably concerns whether the arrest institution’s setting up is reasonable and just,it also concerns whether the arrest measures will be misused in practice,also it concerns whether the citizen’s human rights will be protected well. Nowadays ,our country’s
substantial condition of arresting is unreasonable in legislature and not used properly in practice. This essay will give a thorough analysis of the problems of substantial condition of arresting,then I will give some reasons,and lastly,I will
give a reconstruction to our substantial condition of arresting,and I hope that it will reduce the rates of arresting,and protect a free man’s freedom.
This paper adds up to more than 30,000 words,excepts the preface and
conclusion,it is divided into four parts,and the main contents is introduced as follows:
The preface part mainly discusses the necessity of studying our country’s substantial condition of arresting. The arresting in China is different with other
country’s,and the detention is the natural result of arresting,so it intervenes the
citizens’ freedom seriously,and have to be controlled by the law strictly. The substantial condition of arresting is one of the important measures to control
arrest. However,our substantial condition of arresting is made badly and abused in practice,and this is the main reason of the abusing of arresting . How to
perfecting the substantial condition of arresting,and let it have the function of controlling arrest and protecting human rights, is the thesis of this paper.
In the first part of this essay,I will discuss the starting point and general
principles of designing the substantial condition of arresting. According to the principle of innocent presumption,anybody will be treated as a innocent man in the law,s