The arrest is one kind of compulsory measures within a certain period of time, deprive the suspect, defendant's freedom and solution to some place in custody. In our country, the arrest is completely deprived of personal freedom of suspects and defendants, legal behavior, make arrests, suspect, defendant in specific places in custody. In most countries the arrest measure with our country similar. In our country, and to capture a characteristic system of criminal proceedings, arrest, is a variety of enforcement measures in the most severe, it is to prevent one of the most effective measures the suspect or defendant hinder criminal procedural tasks. But to these Measures apply undeserved also enough for personal freedom and rights of citizens caused great damage.

   (a) the arrest conditions Arrest principle must have two elements, namely the substantial conditions and formal conditions.

   The 1 elements of the form.Form elements refers to make the arrest, according to authorities issued an arrest warrant for. This requirement, the so-called "writ principles". Specifically, the form condition of arresting contains three points:

   One is the right agency decision. In order to prevent unlawful detention or deprivation or restriction of citizens in other illegal ways to enjoy freedom, arrest approval decisions of the authority, the law must be strictly limited. The general requirements should have independent legal status and legal nature, and can form the decision control organ or personnel to the investigation organ for examination and approval. Therefore, many foreign judges issued arrest warrant. There are some countries that the nature of the procuratorial long because of their functions with the supervision of investigation, should also be issued arrest documents right. China's "criminal law" the fifty-ninth stipulation: "the arrest of the suspect, the defendant, must through the people's search Institute approval or decision of a people's court, shall be executed by a public security organ." Therefore, in our country the right to decide arrest authority is the people's Procuratorate and the people's court. Any other organs, organizations or individuals have no right to enjoy or exercise this right.

   The second is must have a lawful arrest documents. A warrant is a general principle of law of arrest. The arrest must be based on Legal arrest file. This document shall be issued according to law upon request and review the legal procedure, but also has a specific form. In China, the public security organ to arrests must be signed by the person in charge of the public security organs at or above the county "arrest opinions", together with the case file and evidence, to the people's Procuratorate at the same level together, approved by the people's Procuratorate approved the arrests made after the "decision", then at or above the county public security organs shall be responsible for issuing a warrant for arrest "", and execution of arrest. The people's procuratorates at all levels to from detects case deems it necessary to arrest is made shall be made "decided to arrest notice"; the people's court in the trial process of criminal cases, deems it necessary to arrest is made, it shall make the decision "arrests", were handed over to the public security organ at the same level, "warrant" issued by the public security organs at or above the county, and execution of arrest.

   In the warrant of arrest shall specify: arrested person's name, gender, age, residence, arrest reason or, should escort the premises, issuing date, and issued by the signature or seal of the person.

   The third is a special case of the special object or arrest may take special program. In some countries, in case of emergency in conformity with the statutory conditions, may apply for the arrest warrant to arrest after the arrest without warrant, or by prosecutors decided to direct emergency arrest. The arrest, is for the crime the urgency of the situation, special circumstances not arrest warrant for arrest, and this implementation allows detention time is very short, unless upon the examination and approval remain in custody, otherwise you must release the arrested person. Due to mainly for criminal or a major crime suspects in detention Measures Existing in our country's compulsory measures system, in addition to citizens over people's legal system, with the official police law and the suspects lien this administrative order, apparently does not need to set up the arrest without warrant, so "criminal procedure to" the seventy-first provisions of the first paragraph: "when a public security organ to arrest people, must produce an arrest warrant."

   The special object of arrest to take some special procedures. For example, the members of the legislature to arrest, in order to maintain the authority of the state power organs and working order, can set up special arrest procedure. In China, according to the "organization law of the people's Republic of China" and "the people's Congress of the people's Republic of China, the local people's Congress and the local people's governments at all levels organization law", the people's freedom of the person are subject to special protection, the need to arrest the representatives of the people, a people's Procuratorate or the people's court has no power to approve or decided, must perform special approval procedures, namely (1) National People's Congress without the National People's Congress is not in session, the license, the National People's Congress Standing Committee of the National People's Congress license, shall not be liable to arrest and trial. (2) the local people's Congress at or above the county level, non consent by the Standing Committee of the people's Congress, shall not be liable to arrest or trial.

   In addition, in our country, the foreign criminal case approval arrests also has some special procedures. The criminal procedure law also requires, should be arrested the suspect, the defendant, if suffering from the serious disease, or are pregnant, breast-feeding her own baby, can use the bail pending trial or residential surveillance method, without arrest means.

   2 essential elements.Substantial condition of arresting is arrested for. The arrest of legal system provided the substantial conditions generally have three points:

   The condition of a suspected crime. That must be a reason why the suspect in the crime. This condition is generally the most important conditions of arrest. Does not have the conditions, the investigators shall not claim the arrest, the judge or prosecutor shall not issue the approval or decision of arrest file. In 1979 in our country in the criminal procedure, the conditions of the statement is: "major criminal facts have been ascertained, the" 1996 "Criminal Procedure Law" of our country stipulates that the sixtieth is "there is evidence to prove the facts of the crime." Although the expression difference, but arrested from the legal requirement is the need to "substantial evidence", "sufficient reason" guilty, but not the only one other, appear wrong evidence confirmation. That is to say, the suspected man suspected of a crime, must be in doubt reasonable, objective, rather than investigation, judicial personnel's subjective guess.

   Second, the crime condition. In a trap, and a system of arrest, arrest as the most stringent compulsory measure, must follow the "principle", namely the arrest and severity measures should be arrested one of the crime is suitable, but not out of proportion. The criminal law in China, one of the necessary conditions of arrest, is may be sentenced penalty above. So for the suspect may be sentenced to criminal detention or alone cannot be sentenced to additional punishment arrest. Because of the mandatory in this case measures on personal liberty deprivation may exceed the arrested person shall be subject to the punishment, so that it is not due to relief.

   Thirdly, the dangerous conditions. The arrest of suspects arrested, must have the necessary. That is, not to arrest or take other moderate coercive measures, such as bail and residential surveillance methods, not enough to prevent the occurrence of danger to society, thus it is necessary to arrest. But the social risk, mainly refers to the concealment, destruction of evidence, collusion, fled to hinder the investigation and trial behavior and the implementation of the new crime. According to the criminal procedure law, breach of bail, the provisions of the implementation of residential surveillance, the interference of witness and destroy or falsify evidence, or collusion and other illegal acts, if the circumstances are serious, he shall be arrested. Also arrested should have the dangerous conditions.

   (two) the requirements of procedural arrest

   The arrest of general program requirements include the following:

   1 to the judicial writ execution of arrest. The arrest is the most severe coercive measures, for the protection of civil rights, called for the arrest warrant must be legally. This writ, usually by the judge issued. The prosecutor is responsible for the supervision of investigation in some countries also have the right to issue. Arrest without warrant, must be according to the emergency legal limit for application, writ may delay time can arrest as exceptions to the implementation.

   The arrest warrant shall specify the object and the reason for the arrest arrest.

   2 after the arrest should be arrested facts and reason timely notify relatives arrested people.

   3 after the arrest should be timely interrogation. China's "Criminal Procedure Law" seventy-second stipulates: "the people's court, people's Procuratorate for their decision to arrest the person, the public security organ for approval of arrest people's Procuratorate of the people, must be questioned within 24 hours after arrest. When finding should not be arrested, must immediately release, issued a release certificate." The main purpose is to prevent the wrong arrest in interrogation.

   The relevant laws and regulations to arrest:

   Criminal procedure law.

   Article fifty-ninth the arrest of the suspect, the defendant, must be approved by a people's Procuratorate or by decision of a people's court, shall be executed by a public security organ.

   Article sixtieth there is evidence to prove the facts of the crime, may be sentenced penalty above criminal suspects, defendants, take bail, residential surveillance methods, is still not enough to prevent the occurrence of danger to society, thus necessitating arrest, shall be immediately arrested according to law.
   Should be arrested the suspect, the defendant, if suffering from the serious disease, or are pregnant, breast-feeding her own baby, can take bail or residential surveillance.

   Article sixty-fifth the public security organ for detainee shall, after the detention within twenty-four hours of interrogation. In that time shall not be detained, must immediately release, issued a release certificate. The need for arrest and the evidence is insufficient, can be released on bail pending trial or for residential surveillance.

   Sixty-sixth where a public security organ to arrest a criminal suspect, it shall submit a written request for approval of arrest, together with the case file and evidence, to the people's Procuratorate, together with the examination and approval. When necessary, the people's Procuratorate may send people to participate in the public security organ's discussion of a major case.

   Sixty-seventh people's Procuratorate approved the arrest of the suspect by the decision of the chief prosecutor. Major cases shall be submitted to the Procuratorial Committee for discussion and decision.

   Article sixty-eighth the people's Procuratorate review for the public security organ for approval of arrest cases, shall according to the circumstances to approve or disapprove the arrest decision. If it decides to approve the arrest, the public security organ shall be executed immediately, and the implementation of timely notify the people's procuratorate. For non approval of arrest, the people's Procuratorate shall explain the reason, requires supplementary investigation, it shall notify the public security organ at the same time.

   Article sixty-ninth the public security organs of the detainees, deems it necessary to arrest shall, within three days after the detention, submitted to the examination and approval of the people's procuratorate. Under special circumstances, the time limit for submission and approval may be extended by one to four days.
   For major suspects flee hither and thither, repeatedly committing the crime, gang crime, the time limit for submission and approval may be extended to thirty days.
   The people's Procuratorate shall, after receiving the request for approval of arrest from a public security organ within seven days, to approve or disapprove the arrest decision. The people's Procuratorate does not approve the arrest, the public security organ shall be released immediately after receiving the notice, and the implementation of timely notify the people's procuratorate. If further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.

   Article seventieth the public security organ decides to approve the arrest of a people's Procuratorate not, think is wrong, it may request a reconsideration, but must immediately release the detainee. If the opinion is not accepted, it may apply to the people's Procuratorate at the next higher level for review. The higher people's Procuratorate shall immediately review, decide whether to change the decision, notify the lower level people's Procuratorate and the public security organ to implement.

   Seventy-first when a public security organ to arrest people, must produce an arrest warrant.
   After the arrest, in addition to hinder the investigation or not notice, should put the reasons and detain arrested the premises, within twenty-four hours to inform the family of the arrested person or the unit to which he belongs.

   The seventy-second people's court, the people's Procuratorate for their decision to arrest the person, the public security organ for approval of arrest people's Procuratorate of the people, must be in detention after twenty-four hours of interrogation. The discovery should not arrested, must immediately release, issued a release certificate.

   The seventy-third people's court, the people's procuratorates and the public security organs if found on the suspect, the defendant to take coercive measures improper, it shall timely cancel or change. The public security organs to release those arrested or change the measure of arrest, it shall notify the people's Procuratorate approved.

   Investigation detain deadline 124th arrest on criminal suspect shall not exceed two months after. The case is complex, cannot be concluded within the time limit of the case, may be extended by one month after the approval of the people's Procuratorate at the next higher level.

   Article 134th the people's procuratorates custody in a case directly accepted by the people, deems it necessary to arrest, it shall make a decision within ten days. Under special circumstances, a decision to arrest time can be extended by one to four days. The arrest is not necessary, he shall be released immediately; if further investigation is necessary, and in line with the bail, monitoring living conditions, in accordance with the law of bail or residential surveillance.

   Six ministries "Criminal Procedure Law" judicial interpretation
   (the Supreme People's court, the Supreme People's Procuratorate, the Ministry of public security, the Ministry of state security, the Ministry of justice, Law Committee of the NPC Standing Committee on the implementation of the Criminal Procedure Law)

   The criminal procedure law of 26 revised the criminal procedure law on the conditions of arrest of "major criminal facts have been ascertained" provisions is amended as: "there is evidence to prove the facts of the crime". "There is evidence to prove the facts of a crime", is also meet the following conditions:

   (a) there is evidence of the facts of the crime;
   (two) there is evidence that crimes suspects implementation;
   (three) prove the criminal suspect crime evidence has been verified.

   The facts of the crime can be a plurality of crime suspects is implemented in the.

   27 the people's Procuratorate for examination and the public security organ for approval of arrest cases, shall decide whether or not to approve arrest decision, without the approval of arrest cases investigation report.

   28 for the people's Procuratorate approved the arrest, the public security organ shall be executed immediately, and will perform the receipt and timely service to the people's Procuratorate approved the arrest. If it fails to perform, the people's Procuratorate shall return, and that the reason for failure of execution; for the people's Procuratorate decides not to approve arrest, the public security organ in receiving not approved the arrest of the written decision, should immediately release the criminal suspect in custody or alteration of the compulsory measures, and will perform the receipt after receiving not approved the arrest of three days after the day of decision without the approval of the people's Procuratorate delivered within made the decision of arrest.

   The 29 period on the criminal proceedings in the calculation, the last day of the period for the holiday, the first day after the holiday period for the expiration date. But during the criminal suspect, defendant or criminal in custody, until the expiration period should be to date, not because of the holidays and to extend the detention period to the first day after the holiday.

   30 the public security organs to extend the detention period of the case, should be in custody for seven days before the expiration, and written report specific reason to prolong the main period of custody case and extend the detention period, the people's Procuratorate shall make a decision in custody before the expiration of the term.

   31 the Supreme People's Procuratorate directly the case on file for investigation, in accordance with the criminal procedure law article 124th, article 126th and the provisions of the 127th conditions, the need to extend the detention period for investigation of criminal suspects, decided by the Supreme People's procuratorate.

   32 according to the provisions of article 128th of criminal procedure law, the public security organs in the period of investigation, found the suspect other serious crimes, recalculate the investigation detain deadline, decided by the public security organ, the people's Procuratorate no longer. But must be reported to the people's Procuratorate put on record, the people's Procuratorate to supervise.

   33 122nd of the criminal procedural law stipulates: "during the psychiatric appraisal on a criminal suspect shall not be included in the deadline. "According to the above provisions, the criminal suspect, defendant in custody cases, in addition to psychiatric evaluation time of criminal suspects, defendants are not included in the deadline, other identification time shall be included in the deadline. For the identification of a long time, the term is still not the end of the case, since the date of expiration of the period, should be on the custody of criminal suspects and defendants, coercive measures, to bail or residential surveillance.

   Interpretation of the Supreme People's Court on some problems in the implementation of 'of the people's Republic of China Criminal Procedure Law'

   Article seventy-seventh the people's court for evidence to prove the facts of the crime, may be sentenced to a prison sentence of the above, that the guarantor pending trial, surveillance and other measures, is not sufficient and necessary to arrest and prevent the occurrence of social danger, shall be decided in accordance with the law to arrest.

   The Seventy-eighth people's court made the decision of arrest, shall be sent to the public security organ to execute arrest book. Will the defendant after the arrest, the people's court shall cause the arrest and detention of the premises, in twenty-four hours to inform the family of the arrested person or the unit; did not notice, shall be recorded in the rolls of reason.

   Article seventy-ninth to the people's court decided to arrest the defendant, the judge must interrogate the arrest within twenty-four hours after. If found not should be arrested, should be reported to the approval of the president of the court, compulsory measures change or immediate release. Immediate release, shall be issued a release certificate.

   Eightieth of the defendants have arrested, one of the following circumstances, the people's court may change coercive measures:
   (a) suffering from a serious disease;
   (two) cases cannot be concluded within the time limit prescribed by law;
   (three) are pregnant, breast-feeding her own baby.

   Eighty-first of the defendants have arrested, one of the following circumstances, the people's court shall change the compulsory measures or release:
   (a) the people's Court of First Instance sentenced to public surveillance or probation and a separate application of additional punishment, decision has no legal validity;
   (two) period, the people's Court of second instance trial, the accused in custody has been time to the people's Court of First Instance sentenced to prison terms of;
   (three) for judicial authentication and a pending case, the law of the expiration of the.

   Article eighty-second for any of the following circumstances of the defendant, should change coercive measures, decided to arrest:
   (a) has been released on bail pending trial or residential surveillance of the accused person, in violation of the provisions of the criminal procedure law article fifty-sixth, article fifty-seventh, not to arrest possible social danger;
   (two) with the interpretation of article sixty-sixth (three) stipulation situation not arrest the defendant, disease or lactation is full.
   The decision to change the mandatory measures, he shall be arrested, it shall notify the responsible for the implementation of the bail or residential surveillance of the public security organ.

   Article eighty-third the defendant in custody of the need to change the mandatory measures or release, should will change coercive measures decision or release notice to the public security organ to implement.

   The people's Procuratorate rules of criminal procedure

   Article eighty-sixth the people's Procuratorate to have evidence to prove the facts of the crime, may be sentenced penalty above suspect, adopt the bail, residential surveillance methods, is still not enough to prevent the occurrence of danger to society, thus necessitating arrest, shall be subject to approval or decision of arrest.
   "There is evidence to prove the facts of the crime" is also meet the following conditions:
   (a) there is evidence of the facts of the crime;
   (two) there is evidence to prove the facts of a crime is the criminal suspect implementation;
  (three) prove the criminal suspect crime evidence has been verified.
   "The facts of the crime" can be a single crime fact, can also be a number of criminal acts in any criminal facts.

   Article eighty-seventh for the implementation of a plurality of crime or crime suspects, in accordance with the provisions of rule eighty-sixth, one of the following circumstances, shall be subject to approval or decision of arrest:
   (a) there is evidence of a crime committed several crimes in the;
   (two) there is evidence of a crime in the crime of the times;
   (three) in the common crime, the existing evidence to prove the facts of the crime suspect.

   Eighty-eighth real name, do not speak to the criminal suspect address, unidentified cases, the people's Procuratorate reviewed that meets the requirements of article eighty-sixth, the provisions of article eighty-seventh, shall be subject to approval or decision of arrest.

   Article eighty-ninth of the criminal suspect is under any of the following circumstances, the people's Procuratorate shall make a decision not to approve arrest or not to arrest:
   (a) does not conform to the rules of article eighty-sixth, article eighty-seventh provisions of the conditions of arrest;
   (two) of fifteenth cases with the provisions of the criminal procedure law.

   Article ninetieth of the criminal suspect who should be arrested, if suffering from a serious illness, or are pregnant, breast-feeding her own baby, the people's Procuratorate may make a decision not to approve arrest or not to arrest.

   Article ninety-first a people's Procuratorate for examination and approval or decision by the arrest of a criminal suspect, arrested department.

   Article ninety-second review of arrest department for review of arrest cases, shall designate personnel review. The case handling personnel shall review the materials, making scoring record, puts forward the approval or decision of arrest, does not approve or disapprove arrest comments, the Department is responsible for the audit, reported to the approval of the chief procurator or decision; major cases shall be discussed and decided by the procuratorial committee.
   Review of arrest departments to handle the case review of arrest, bail, not directly propose to residential surveillance measures comments.

   Article ninety-third the people's Procuratorate the arrest decision to the people's congresses as a criminal suspect shall be submitted to the approval or license, chairman of the people's Congress or the standing committee.
   On the charge of the deputies to the people's congresses of criminal suspects the approval or decision of arrest, the people's Procuratorate shall permit shall report the representative of the people's Congress at the same level.
   On the charge of the lower level people's Congress for approval or decision of arrest suspects, a license may directly report to the representative of the presidium of the National People's Congress or the Standing Committee, or may entrust the representative of the people's congresses of the people's Procuratorate submitted license; the people's Congress of a Township, nationality township, town on behalf of the criminal suspect the approval or decision by the people's Procuratorate the arrest report, County Township, nationality township, Town People's congress.
   The people's Congress as the two level above represent suspects the approval or decision of arrest, respectively, in accordance with the provisions of article, paragraph two or three of the report to the permission first.
   For as the unit of the province, city, county (District) people's Congress on behalf of other area outside of the criminal suspect or the people's Procuratorate approved the arrest, to permit shall entrust the representative of the people's Congress at the same level; as the two level above people's Congress representatives, the people's Procuratorate submitted to the licensing shall entrust the representative of the people's Congress at the same level.

   Ninety-fourth of foreigners, stateless persons suspected of crimes of endangering national security cases or involving political, diplomatic relations between country and country cases and in the application of the law is difficult cases, need to arrest a criminal suspect, the, state, city people's Procuratorate for examination and comment, the Supreme People's Procuratorate review report. The Supreme People's Procuratorate, the Ministry of foreign affairs of soliciting opinions, decide whether to approve the arrest. The review does not need to be arrested, may directly make a decision not to approve arrest.
   Other foreigners, stateless persons suspected of a crime specified in the preceding paragraph outside the case, by the division, state, city people's Procuratorate review and comments, reported to the people's Procuratorate to examine the provincial. Provincial People's Procuratorate after consulting the Foreign Affairs Department of the government at the same level views, decided to approve the arrest, and submit for the record to the Supreme People's procuratorate. The review does not need to be arrested, may directly make a decision not to approve arrest.

   Article ninety-fifth the people's Procuratorate the arrest cases, should be reported to the people's Procuratorate at a higher level for the record:
   (a) approved the arrest of endangering national security cases, cases involving foreign elements;
   (two) the procuratorial organs directly the case on file for investigation.
   The record filing materials submitted by the people's Procuratorate at a higher level shall examine it, found wrong, shall within ten days inform the examination opinions submitted for the record by the lower level people's Procuratorate or corrected.

   Article ninety-sixth of criminal suspects and its legal representative, close relative or suspect the lawyers and other defenders entrusted that approved by a people's Procuratorate or decided to arrest the suspect in custody exceeding the prescribed time limit, to the people's Procuratorate put forward to release the suspect or change the arrest measure requirements by the people's Procuratorate the arrest, Department review, review of arrest shall be to the investigation organ or the investigation department to understand the situation, and within seven days of completion of the review.
   Review of arrest department upon examination that exceeding the prescribed time limit, shall put forward to release the suspect or change the arrest measure opinion, with the approval of the chief procurator, notify the public security organ to perform; the review considered not exceeding the prescribed time limit, a written reply to the complainant.
   Review of arrest shall review the results at the same time notice in writing to the courtyard of the procuratorial supervision departments.

   Article ninety-seventh review of arrest department to handle the case review of arrest, without further investigation. In the review of arrest if submitted to the approval of arrest proof in doubt, can check the relevant evidence, interrogation of suspects, witnesses. But the question is not coercive measures of criminal suspects, for public security organs or the investigation departments should be pre inquest.