Procuratorial Supervision on Criminal Detention and Arrest (From Coercive Measures in a Socio-legal Comparison of the People's Republic of China, P 53-69, 2004, Hans-Jorg Albrecht and Chen Guangzhong, eds. -- See NCJ-210122)

• NCJ Number: 210124
• Author(s): Li Zhongcheng
• Date Published: 2004
• Length: 17 pages
• Sale Source: Max-Planck-Institute Fur Auslandisches und Internationales Strafrecht
• Publication Format: Book Chapter
• Publication Type: Report (Study/Research)
• Language: English
• Country: Germany (Unified)

Annotation

This paper examines the need for securing and reinforcing China’s procuratorial supervision to ensure the proper application of criminal detention and arrest which involves the personal freedom of citizens.

Abstract

In China criminal detention is used to deprive criminals or suspects of their personal freedom in accordance with the law. Arrest is a compulsory measure that deprives criminal suspects or defendants of their personal freedom and sends them under guard to a place for custody within a specified period of time according to law. These two compulsory measures are linked to a successful operation of criminal prosecution and the protection of citizens. All this means that procuratorial supervision must be secured and reinforced in order to ensure the proper application of detention and arrest. In this paper, three issues are examined regarding procuratorial supervision: (1) the status quo of procuratorial supervision, (2) obstacles to supervision on criminal detention and arrest, and (3) the systematic design of procuratorial supervision on criminal detention and arrest.