Reflective Practice Conditional Arrest

Conditional Arrest System from the2003Shanghai city procuratorate first proposed so far, its applicable scope, supervision and effective promotion of no ideal system cause problems, especially the procuratorial organs among departments, for conditional arrest is demanding little effect. In2013, the Supreme People’s Procuratorate investigation supervision department issued the "about people’s Procuratorate the arrest is" Conditional Arrest "opinion work (for Trial Implementation)" is an affirmation of the work system. In the Conditional Arrest System from the academic and practical circles really disappear before, it is necessary to revise and improve the system.Through case analysis, system comparison, legal logic, legal economics and other methods, focusing on legal issues related to conditional arrest to carry out more in-depth analysis and discussion. The full text is divided into six parts including the introduction.The first part, introduction. This part is conditional arrest occurred, the undertaking department are introduced, including the foundation of practice and research significance of conditional arrest, find the starting point of this paper.The second part, overview. A detailed explanation of the Conditional Arrest content from the origin, definition and connotation, and to distinguish the similar concepts, theoretical basis conditional arrest.The third part, the legal significance of conditional arrest. The conditional arrest for leniency embodiment of situation and policy, and analyze the legal basis for conditional arrest from various aspects, the relationship between its logic, the cost benefits and related concepts.The fourth part, the research status of system and application. Through the comparison with the United States, Germany, France and other countries of similar pattern of legislation and the reality of our country, explore the different practice modes. The fifth part, barriers of conditional arrest. This part detailed, carefully summarizes the resulting trial after ten years is still the departmental rules and regulations of the entity, procedure and other reasons, and the consequence of.The sixth part, continue to apply to the conditional arrest system. This part from the improvement of the conditional arrest system itself, combined with the actual case suggests that change and the narrow scope of application of conditional arrest, while clearly on juvenile protection part, and performance appraisal system to combine, in a more scientific way proposed standards recommend new.