The Research On Conditional Arrest System In China

Conditional arrest system is a system, refers to "the existing evidence to prove the facts constitute a crime has been basically determined by the Supreme People’s Procuratorate, that after further investigation conviction must be able to collect evidence, arrest necessary major cases suspects by the Attorney General or the Attorney Committee decided to approve the arrest, shall take the following measures:(1) issue a supplementary investigation to the investigation organ outline, set out the need to identify the facts and evidence need to add to the collection, verification, and to keep abreast of Supplemental the forensic situation;(2), within three days after the next higher level People’s Procuratorate approved the arrest record;(3) months in custody during investigation expiration of the period after the arrest, the investigation organ not been able to collect sufficient evidence for conviction must shall revoke approved the arrest decision ", this system is determined to be arrested by the People’s Procuratorate for examination and quality standards". However, in the2011final revision of the Code of Criminal Procedure did not explicitly put forward the concept of "conditional arrest" obviously take into account the conditional arrest system there are many imperfections, and therefore only for special types of cases, caution apply.The author believes that the value of conditional arrest system is mainly reflected in the safeguard investigation activities carried out smoothly, reduce the detention rate to reduce the wrong catch, is also conducive to the cases of diversion and protection of human rights, organized by the Supreme People’s Procuratorate of Beijing Branch of research launched a series of expositions activity-based, to illustrate that the system has played an important role in forensic practice. Therefore, the author of the constituent elements of the system of conditional arrest, there is a legal basis and realistic soil paper described separately, emphasizing the value of its existence.Of course, many scholars and practice staff both from the theoretical and practical operation of the system itself is imperfect place, I have proposed to put forward their own views targeted refute these arguments, as the basis for the formation of the feasibility of operating the program, can be used as a reference in the next legislative changes. Precisely because the conditional arrest system the value of existence, its problems can in practice be amended, so in the current situation (the law fails to stipulate, but judicial practice vigorously promoted), I tried to be with the upcoming implementation of linked to the Code of Criminal Procedure, and other investigative activities dovetail with various measures that various measures were applicable, as well as the other investigative activities convergence, to clarify the system of conditional arrest in existing litigation mechanisms still You can correct and successful operation.Shortly thereafter, from the design of the system itself, the author put forward suggestions for improvement, that should be a clear definition of a major case standard specification approval process refinement revoke arrest procedures law, while also establishing a scientific and reasonable evaluation system, improve the suspects relief mechanisms, measures to strengthen the protection of construction. Finally come to the full-text views, arrested by the conditions attached to the system should have the legitimacy and rationality, should support the operation should be strictly in accordance with the law in practice, and play the smooth conduct of the activities of the Criminal protection function.