The Research On Construction Of Conditional Arrest System

Conditional arrest is a working mechanism innovation in China in order to adapt to the development needs of the judicial practice, is to thoroughly implement the of the judicial system reform, optimize configuration, standardize judicial practices, the establishment of fair and effective。The judicial system should move. The system is fully considered in punishing crimes and protecting human rights, the overall balance, promote the sustainable development of the examination of arrest, is to arrest the condition of scientific development and new interpretation. Conditional Arrest proposed has its certain historical background and forming process, the procurator organs at various levels are associated with internal file to do the specific provisions, Beijing Shanghai Chongqing and other places of procurator organs in the judicial practice has made the beneficial exploration. China’s theoretical circle and the practice circle on Conditional Arrest understanding a lot of controversy, the legitimacy and legality controversy has never stopped, opponents argue that the conditional arrest reduces the legal evidence for arrest conditions, beyond the current criminal procedure law and the reconstruction method. Supporters believe that, from the standard of proof of the position and function of the arrest, conditional arrest has its legitimacy, and its accompanying the arrest conditions are at the legal conditions of arrest within selected low standard of evidence, this system conforms to the law of criminal procedure legislation spirit, is the criminal litigation regression with perfect, realize the punishment crime and the safeguard human rights unification; with the criminal policy of combining punishment with leniency; now the prosecution of criminal investigation with the support and supervision of the united. But in the Conditional Arrest practice runs many problems still exist in the process, including the power source of the lawsuit structure, positioning, applicable range uncertainty problems, related procedures are not strictly enforced, prosecutors and police articulation mechanism is not perfect, the rights of the suspects and the inspection mechanism is not matching problem. We should improve the legislation from the legislative level, in order to change the system in the nationwide unified specification implementation; from specific procedures set up to begin, make clear its construction principle, establish the applicable objects and related procedures, guarantee the harmonious relationship between the procurator and the police is established, a v. linkage mechanism is established, and the international judicial criterion conform to fully protect the legitimate rights of the criminal suspect and reasonable appraisal mechanism; should be from relevant supporting system begins to build, system of perfect our country conditional arrest.