To ensure that the rights of human dignity and and various rights, Effectively protect the personal freedom must be the first, If allow arbitrary arrest of the human body, Namely the most serious violations on human rights. This Study is for the constitutional protection concerning arrest in Japan. The writ doctrine is the principle of Japan Constitution. Flagrante delicto arrest as an exception.But, Japan's Code of Criminal Procedure regulate not onle flagrante delicto arrest and the arrest warrant.But also a person is considered to be in flagrante delicto under one of some circumstances,and exigent arrest without a warrant. The Constitutional protection concerning arrest of Constitution of the Republic of China government,It’s addoped that the law is Commissioned to make regulations.however, The Code of Criminal Procedure provide that a prosecutor has the right to issue an arrest warrant.That’s inconsistent with the spirit of writ doctrine. It has also been questioned to follow the norms of exigent arrest in Japan.What we should learn from Japan is rather the "due process of law" for the general of The Japanese Constitution,to protect the fundamental human rights of criminal defendants. And the meaning of which "legal procedures doctrine" spirit, and "writ doctrine" system