Study On The Application Of The Arrest Conditions

In our country, arrest, one of the types of the most severe criminal compulsorymeasures, refers that the judicial organs, in accordance with the law, deprive of thecriminal suspects their personal freedom in a certain period of time. Arrestingmeasures are the procedural guarantee for the judicial organs to punish the crimes andprotect human rights. If applied properly, it will be able to punish the crimes andmaintain social stability effectively; Or else, it will seriously infringe upon thecitizen’s personal rights. It is, therefore, particularly important to set up and apply thearrest measures. Most of modern countries limit the applicable condition andapplicable procedures of the coercive measures strictly, great importance to thecontrol of arrest measures also attached in our country.Taking the application and improvement of the arrest conditions intoConsideration, and referring to the new revised criminal procedure law and a series ofdata which the public procurator of Shenyang provides related to arrest in recent years,we find that there are many problems about the measures of arrest in practice. Afteranalyzing the reasons in the legislation and practice, we put forward some applicablecountermeasures and suggestions.This article, firstly, introduces the current arrestpreconditions, the judicial interpretations and other relevant legal provisions. And itillustrates how the coercive measures are applied practicably in the specific applicableconditions by examining the definite arrest case during2011-2013in Shenyang, thedata of which is, reliable and truthful, collected by writer from exercitation experience.And then, based on the analysis of the relevant data in the first part, it is concludedthat there are a few relatively obvious problems existing in the practice, which areintegration of the high rate of approval of arrest, the high rate of non-prosecution, thehigh rate of lenient punishment or discharge or innocence after arrested, and thenegative influence from the above problems including the impact on the criminal suspect or defendant, on the credibility of law, on the social fairness and on thepsychological states of prosecutors handling a case. Through studying on why thereare problems in the condition and application of arrest. The author discloses thereasons respectively from the legislation, the application and the other aspects.Specially, the concrete arrest application’s preconditions and the relevant measuresare attached the most attention. After concluding from what is discussed above, theauthor, finally, reasonably rise some applicable countermeasures and suggestions onhow to apply the coercive measures of arrest legitimately from three aspects, whichconsist of application of arrest conditions, other coercive measures and theimprovement of the public procurators themselves.