No Arrest Necessary Applicable

China's Criminal Procedure Law stipulates that arrest must meet three conditions, namely the proof condition, the penalty condition and necessity condition. However, as the legislative provisions are too general and abstract, and the lack of maneuverability, which led to the judicial practice should be measured on whether criminal suspects to arrest the focus mainly to see if he had constituted a crime, and the necessity whether to arrest to be considered a limitedly, or even seriously neglected, thus arresting too many people, and there are a small number of people who were not arrested by applying the arrest without the necessity status quo. Based on this state of reflection, the thesis uses empirical analysis and analogy, analyses this situation and the negative effects of the reasons, and explains the values of the application of arrest without the necessity, as well as the conditions and the principles, in order to benefit the use of judicial practice and the perfect the arrest system of China. Five parts are included in this paper:First, there is a tremendous contrast between a huge number of the arrested and the little application of arrest without the necessity, and the review of the arrested who have been sentenced by Court to the status of the penalties under the set of imprisonment at high rate, which explains the reality of the judicial practice to grasp the condition of the arrest necessity improperly, and to apply arrest without the necessity to be controlled strictly. The paper reflects the negative effects from the three aspects in the individual, the community and the country.In the following part, from theory and practice, the paper analyses the reasons of the high rate of arrest and the low rate of application arrest without the necessity in the multi-level of theory, legislative, justice and social realities.The third part of the paper discusses the pursuit of value to strengthen the application without the necessity to arrest, in the political, economic, social and legal multi-faceted.The fourth part, designs the improvement path of China's legislative shortcomings with reference to the successful abroad legislations on arrest. And through this path, from the arrest practice of the procuratorial organs, explains the application conditions of the arrest without the necessity emphatically, including the form, the entity, the exclusion and the relief conditions. For the sake of applying these conditions correctly, the three principles that should be hold have been put forward here, namely overall comprehension and integrative measure, strict judicature and there is reason according to law, the lenity and chastisement mutual complement and paying attention to the result.Finally, for ensuring the quality of the cases without arrest by reason of the unnecessary and the results of the prosecution, the paper puts forward the suggestions of the procuratorial organs to improve the internal investigation procedure and the external tracking intendance.