On The Necessity Of Arrest

Duty to arrest the compulsory measures the inherent characteristics and the people’s procuratorate responsible for that, quality of review of arrest is directly related to the application of the compulsory measure of arrest is correct or not, related to the citizen’s personal rights and freedoms. Strictly control the conditions of arrest, the full application of arrest necessity condition, is a necessary requirement of carrying out the law of criminal procedure revised. In recent years, procuratorial organs should strictly implement the criminal policy of temper justice with mercy, fully protect the legitimate rights and interests of the litigants, the examination of arrest case quality, lower the rate of custody in a lot of effort, but still failed to change the situation of high ratify the arrest rate. Therefore, the author based on the practice of review of arrest, the unit ten years working for the examination of arrest cases were analyzed, combined with the relevant criminal law and the criminal policy of arrest necessity in criminal litigation, litigation value, applicable conditions and applicable specifications, to how the legal framework under the existing conditions of arrest of further improvement, in order to improve the working mechanism of arrest necessity review, improve the quality of the arrests, the implementation of the revised criminal procedure law and the criminal policy of combining punishment with leniency, promote social contradiction, maintaining social harmony and stability.