The System Research Of Conditional Arrest In China

Arrest conditions arrest is the premise and foundation behavior, it should be every arrest behavior must achieve before the implementation of rigid standards, at the same time it also strictly binding the arrest behavior. However, with the2006inspection by the supreme law of 《The people’s procuratorate arrested quality standards(trial)》, A conditional arrest" system in our country appear, arrested condition appeared operation and operation of the exceptions. Our country legislation in the relevant provisions of the lack of practical operability, compulsory measures system are not perfect, and law enforcement on the concept of "heavy blow, light protection" old ideas,"structure that sin catch" the idea led to the arrest of conditions attached in the actual operation of the process has not been very good applicable, with the function of the arrest in a certain extent alienated to cracking down on crimes and maintaining social stability of the tool, alienated to punish way, alienated to deter crime means.Because a conditional arrested system in China only at a stage of exploration, lack of discussion in theory, and the relevant provisions of the supreme people’s procuratorate too principle, So, far from meeting the needs of procuratorial practice. To really really play the role of a conditional arrested system, also need to theory and time workers make untiring efforts. Although a conditional arrested system exists some shortages, but in our country present stage has its existence rationality and necessity, work and two under compared, and is still outweigh the disadvantages. In the present stage of our country national condition is concerned, we have every reason to believe that, through the necessary reform and feasible improvement"attach conditions arrest" will be suitable for China’s national conditions and the present situation and the future in the short term to the situation of the world of a reasonable legal rules and regulations, become China’s existing judicial system of the conditions of the powerful and necessary to arrest added. In the new "quality standard" since the implementation of the practice, the accurate understanding the nature and function of the arrest attached, to grasp and to apply the arrest of attached conditions, and grasp the arrest in practice to attach conditions range is particularly important.According to the comparison, demonstration, literature, history and so on many kinds of research methods. On the one hand through the past with conditions for the arrest of the related research achievements of collecting, sorting, analysis the arrest of conditional concept, properties, characteristics, function and value and jurisprudence and the domestic and foreign relevant law system and basic laws and regulations are compared. On the one hand the post-mortem conditional in our country is arrested the status and problems. And analyzes the reasons. Through to the arrest of conditional applicable empirical research, in the comparative analysis on the basis of the expected to draw the rationality and validity effective Suggestions.