Research For Conditional Arrest System

Conditional arrest in recent years a new generation of special arrest mechanism hasits unique meaning and function. With the implementation of the system and study indepth, Conditional arrest has been more practitioners and theorists of attention.Conditional arrest system arises from the prosecution to arrest the practice, with distinctChinese characteristics, rooted in China's national conditions and the status quo, is a newideas explored in judicial practice.Produced so far, Conditional arrest system is still in development stage, it still existmany problems both in theory and practice. mainly as follows: Do it consistent with thestandard of the arrest proof of the existing provisions of the Code of Criminal Procedure;Do it conflict with the penalty for the purpose of protection of human rights is; Do itcontrary to the less catch, carefully catch of the criminal justice policy; As well as raisedthe questions that the feasibility of the conditional arrest system; Can conditional arrestsystem get the correct use of arrest and how to use and other issues. In this regard,, thearticle will analysis from two aspects of theory and practice. On the basis of clear meaningand characteristics of conditional arrest, elaborated legitimacy and legality of theconditional arrest system; Combined with the existing provides of the Criminal ProcedureLaw for the arrest, the penalty purpose for punishing crime and protecting human rights,and the combining punishment with leniency of criminal justice policy, demonstrate theneed for the implementation of conditional arrest. Combined with the practical experienceof Beijing and Chongqing prosecutors applying conditional arrest system and throughedthe analysis of relevant data, found the problems of conditional arrest system in thepractice operation, and try to build a sound system of conditional arrest, design a rigorousprogram for the whole process of the conditional arrest, and supported by scientificsupport measures to protect the proper operation of conditional arrest system, promote aconditional arrest system forward.