On The Conditional Arrest System

Conditional arrest system works as a judicial reform with innovativeness. Disputes have been lasting for many years since the start of its implementation. The disputes focus mainly on its legitimation and justification, the relationship between it and ordinary arrest, and the understanding of its conditions.ChapterⅠ, an introduction to the connotation, function, and the main disputes of conditional arrest. Firstly, by analyzing, comparing and making comments on several representative viewpoints and the main disputes of conditional arrest, the author puts forward that the connotation of conditional arrest should be comprehended from its generalized connotation and its narrow connotation. Then, from three aspects, such as the criminal judicial principle of severity and leniency, the balance between the different purposes and values of criminal procedure, and the construction of new relationships between police and procurator, the author discusses the functions conditional arrest may bring.ChapterⅡ, a study of relationship between conditional arrest and ordinary arrest. This chapter focuses on the system properties and proof standard of conditional arrest. Conditional arrest should not just be one working mechanism of ordinary arrest. With institutional meaning, it is a special constituent part of new arrest system. On the standard of proof, conditional arrest has a system of proof standard which is characterized by dual hierarchies.ChapterⅢ, a study of conditions of conditional arrest. By virtue of redefining the connotation of "conditional", this chapter analyses the characteristic of "three stages" and’"two meanings". Then, on the ground of "three stages" and "two meanings", the conditions of conditional arrest are divided into three parts, the conditions of determining, the conditions of maintaining, and the conditions of supporting.ChapterⅣ.a study to the provincial practice of conditional arrest. In this chapter, the implementation situation of conditional arrest in C has been introduced. On the basis, the main problems of conditional arrest are summarized.Finally, in line of the "Code of Criminal Procedure " (amended in 2012), chapterⅥanalyses the two probabilities of development tendency of conditional arrest system. One is that the special system would be abolished, for losing its necessity and values. Another is that the conditional system still works in the practice. Therefore, this chapter put forward many advices to perfect the conditional arrest system.