System Of Conditional Arrest

Conditional arrest is the procuratorial organs of a new working system, rather thanlegal system. The arrest of our country at present the system has arrested standard is toohigh, the high rate of custody, conditional arrested is to arrest system problems broughtout. Conditional arrested solves, evidence of the fact that the case has not yet constitute acrime, shall be what conditions have to be among the necessity, and what measures toensure the quality of the case. General arrest and conditional arrest is principle andexceptional relationship, for in general should be arrested is given priority to, conditionalarrested for exception. Conditional arrested applies only to major cases. Conditionalarrest will procuratorial organs investigation organ for the prior supervision andpost-supervision organic combine, give full play to the supervisory function ofprocuratorial organs. Conditional arrested in the implementation of the criminal policy oftempering justice with mercy, reduce the pretrial custody rate, hit serious crime plays animportant role.Although the criminal procedure law has not set conditional arrest system, butconditional arrested in Beijing, chongqing has begun the judicial practice, and goodresults were obtained. But about conditional arrest system, there has been a lot ofquestions. We should critically treat these questions, the conditional arrested a tolerantattitude, fully realize its rationality.Legislation and improve three aspects from thesubstantive requirements,procedural requirements and safeguards. Perfect guidingideology is strictly limit the scope and procedures, enhance its operability, and give fullplay to the value of the system.