Journal of Northeastern University(Social Science) ›› 2018, Vol. 20 ›› Issue (3): 291-298.DOI: 10.15936/j.cnki.1008-3758.2018.03.011

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Research on Two-level Arrest Proof Mode

WANG Lei   

  1. (Law School, Liaoning University, Shenyang 110031, China)
  • Received:2017-12-05 Revised:2017-12-05 Online:2018-05-25 Published:2018-05-28
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Abstract: The existence of wrong logical relations in entity element of the arrest system in our country and the problem of strong administrative color and weak judicial nature in the review process have brought practical difficultiesin“arresting if constituting a crime”. In order to solve these problems, it is necessary to carry out a theoretical perspective, restructure factors of current norms concerning arrest laws in our country, proceed with the litigation transformation of the review procedures of procuratorial organs, and establish a two-level proof mode which can prove that the suspects have committed crimes and are dangerous to the society. Such mode should be applicable to different proof standards, methods, and certification procedures so as to prevent wrong arrest and illegal detention, making the arrest system in China more in line with the laws of criminal justice and thus improving the accuracy and authority of arrest decisions.

Key words: arrest proof, proof mode, two-level proof, social danger

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