"No Arrest Necessary" Empirical Analysis

Review of arrest is an important legal supervisory authority of the Constitution and the law gives prosecutors, and the procuratorial organ to carry out an effective way of investigation supervision. The investigation and supervision departments of the procuratorial organs of the investigation organ (Department) submitted to arrest the criminal cases review, approve or disapprove the arrest accordingto law. According to the provisions of the "Criminal Procedure Law","legal circumstances of arrest without the necessity of including:" may be sentenced to public surveillance, detention, independent additional penal apply, although or maybe sentenced penalty above, but to take bail, residential surveillance without danger to the society, or suffering from serious diseases, the life cannot provide foroneself, pregnant or breast-feeding their babies of women, release on bail will not take the place of danger to society, or detention period expires, the case hasnot yet completed, need to take bail. In the current judicial organs for criminalcompulsory measures, compared to arrest, bail, residential surveillance and so on,arrest rates,"arrest without the necessity for" a very low rate of. Through the review of arrest cases and two cases of D municipal procuratorate nearly two anda half years of review of arrest cases investigation and careful, think the law arrest necessity is difficult to grasp, the procuratorial organs handling administrative system, the arrest of alternative measures of function has not been fully realized, criminal detention, criminal judicial idea is not too high win support among the people and other factors limit the "apply unnecessary arrest", lead to arrest rate. Based on the United States, Japan, Britain, South Korea and China’s Taiwanand other countries and regions of the pretrial detention system described, to the"unnecessary arrest" is put forward from the arrest necessity rules, establish the modern idea of criminal justice, arrested, alternative measures to arrest system running the real environment in four aspects improvement suggestions.