The recent Development of Police Power of Arrest in England 英国逮捕制度的新发展
The mitigation of judicial control of police power of arrest. 警察无证逮捕权司法控制机制的弱化。
Focusing on arrest system in English and centering on the provisions related to arresting power of the police in the Police and Criminal Evidence Act 1984, the recent development of police power of arrest to the following three parts: the generalization of police power of summary arrest; 以英国逮捕制度为焦点,围绕英国《1984年警察与刑事证据法》关于警察逮捕权规定,近年来英国逮捕制度的新发展可归纳为以下三个方面:警察无证逮捕权的一般化;
A power of arrest is the prosecution an important part of the judicial power. 逮捕权是检察机关司法权力的重要组成部分。
In conclusion, both formal conditions and substantive conditions are facing the same problem which is the adoption and the balance of the power of arrest. 总之,都面临着逮捕权力规范行使和有效制衡的问题。
Although the goal of the execution of the power of investigation is to ascertain criminal facts, collect the evidence and arrest the suspect, and provide for the prosecution. 虽然侦查权行使的目标是查清犯罪事实、搜集证据和查获犯罪嫌疑人,为提起公诉做准备。
The prosecution as an end to their specific power authority general statements of the right to investigate, arrest and prosecution proceedings and supervision, the prosecution of the most fundamental right to the prosecution is the right to the Authority. 检察权作为一个权力束其具体权能一般表述为侦查权、批捕权、公诉权和诉讼监督权,其中公诉权是检察权最根本的权力。
In the due process model, the power of arrest, detention, prosecution, trial and conviction is imposed with severe restrictions. Therefore, the right of defense should be divided into various specific procedural rights, which provide constraints on each corresponding stage of criminal procedure. 在正当程序模式下,对逮捕、羁押、起诉、审判、定罪权力施加严格的限制,诉讼法把辩护权具体化为诸项诉讼权利,每一项权利在相应的程序阶段分别发挥权力制约功能。
Firstly, this chapter will define the concept of the arrest decision power, specify the power range can include approval of arrest and decided to arrest. 本章首先是对逮捕决定权的概念进行了界定,明确了其范围可以包括批准逮捕和决定逮捕两种权力。
However, in practice the process of applying a power of arrest is often due to a variety of reasons have been abused, arrested after the light punishment is a microcosm of the situation. 但逮捕权在实际运用过程中往往由于各种原因被滥用,捕后轻刑就是该情况的缩影。