Research On The System Of Conditional Arrest

Conditional arrest system is one special custody means exclusively for felonycases on the purposes of stepping up efforts to crack down on serious criminaloffenses. After the system was put into practice for six years, on the one hand, itbecomes difficult for application because of the agreement of the law is too broad. Onthe other hand, there are shortage of the conditions attached to the arrest of systemdesign, lack of external oversight mechanisms, accountability loopholes, and criminalsuspects basic idea of human rights relief mechanism on the design of conditionalarrest system. The paper issues a basic design to build Chinese characteristics oncondition of research about problems related conditional arrest system.Except the introduction and conclusion, this paper consists of four parts, aboutthirty thousand words.The first part is an overview of the inquiry to the interpretation of the conceptand value of the conditional arrest. Firstly, by comparison with similar concepts, toclarify the conditional arrest is different from ordinary arrest, and its applicatingobject only refers to felony cases with the requirements in the standard of proof forthe "inadequate evidence has been basically constitute the crime", and the lack ofevidence has a high degree of predictability and the possibility to obtain. On this basis,it discusses the important value of the conditional arrest system in the establishmentof the cases, triage mechanism to implement the "Leniency" criminal policy, fightagainst felony, and strengthen procuratorial supervision.The second part is a micro-research for the practise of conditional arrestsystem.The legal rule of conditional arrest is not exactly and did not elaborate on theset of specific implementation procedures, which results in substantive departmentslosting direction in the application of conditional arrest,"skimming" operation on theprocess of parts where the law does not clearly provided the details of the program, ornot strictly in accordance with shall exercise its conditional arrest discretion, at thesame time the phenomenon of decentralization exist with too much randomness. The third part is a specific analysis of the problem from a macro perspective onconditional arrest system. The problem mainly is expressed as followings: less detailsfor the evidence requirements, lack of uniform standards of the application scope,non-normative of the specific operating procedures, lax supervision of after-caughttrack, absence of supplement forensics level, lack of external oversight mechanism.All the problems above prone to lead to the risk of catch-generation surveillance, lesscharged of extended detention responsibility and the result that the catch rate is notincluded in the internal evaluation mechanism.The fourth part includes the recommendations to improve the system ofconditional arrest. Firstly, the provisions in the law will be substantive and operationalprocedures as much as possible detailed and clearly defined conditional arrest appliesto objects which are only major cases. It can be judged three aspects specificallyincluding the fact, the harm and impact of case. Its application for the proof should bevery near from the evidence to convict conditions and also near the extent of10%-20%of the difference which will be able to be important evidence to affect theconviction or not. Conditional arrest right only enjoyed by the procuratorialcommittee which don’t have the liberty to decentralization; the main contractorsshould be the who capture and track the supervision for the arrest, the mode ofsupervision should be an indefinite period supervision with frequency of three to fourtimes; the right of arrest conditional revocation should be enjoyed by procuratorialcommittee while other departments are allowed to dispose, providing a "blueprint"with details to the judicial application of substantive departments. Secondly, thereshould be complement of conditional arrest systems for the lack some of the contentas much as possible. For example, to build Attorney boot detection mechanism,introduction of the people’s supervisor system and the hearing system, and build therelief mechanism to protect of criminal suspects, all above of which will make theconditional arrest system more reasonable and scientific.