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On The Application Of Conditional Arrest System

Posted on:2016-08-24Degree:MasterType:Thesis
Country:ChinaCandidate:Z GuanFull Text:PDF
GTID:2296330482463531Subject:Law
Abstract/Summary:PDF Full Text Request
The conditional arrest system is a new procuratorial system which is produced in the last ten years.It is an important innovation to implement the criminal policy of tempering justice with mercy.As a judicial practitioner,I recognize the necessity of Conditional Arrest System in the criminal justice field in China.In my opinion,the conditional arrest is the inevitable choice in China’s current legal environment,which is based on the social security value and the value of individual freedom.Also,the current conditional arrest system has many imperfections,which would not maximum limit the system to play the active effect. This paper aims to find out the problems of the system, and put forward reasonable suggestions and ideas to improve the system. The full text is divided into five parts:In the first part, the background and the formation process of the conditional arrest system are described.It introduces the reasons for the existence of the conditional arrest,which is because that the conditions of the evidence of the arrest in the criminal procedure law are too high in our country, which makes a series of problems in the judicial practice.In the second part, by comparing with the arrest system of the United States, Germany, Japan and other countries,we analyze the negative influence caused by the high evidence of the arrest in our country. Because of its not being explicitly provided by the law, the unauthorized change in the conditions of arrest of human rights and other reasons for the violation of human rights,the theoretical basis of conditional arrest system has been questioned.I think,conditional arrest is not a reduction in the conditions of arrest, but the application of the arrest system. It is beneficial to protect the rights of criminal suspects and improve the quality of criminal arrests.The third part describes the applicable conditions and procedures of the current conditional arrest system.Through the analysis of the specific case, the positive use of the Conditional Arrest System in the judicial practice is realized, and the defects of the system are also seen.The fourth part analyzes the problems of the conditional arrest system. First, the scope of Conditional Arrest is too broad; secondly, the basic constitution of crime is not clear; thirdly, there are some problems about the decision procedure, inspection, information; finally, the conditional arrest system caused by national compensation, risk taking, quality assessment and other issues also need to improve.The fifth part is to introduce the author’s suggestions on perfecting the system of conditional arrest.First of all, we should make the legal system of arrest of the conditional arrest, further reduce the applicable scope of the conditional arrest, and exclude the application of the system to minors.Secondly, we need to perfect the conditions of evidence of conditional arrest, the connotation of "basic constitution crime" and the assumption of the possibility of missing evidence.Thirdly, we should modify application of conditional arrest procedures; finally, we should improve the legal quality of the investigators, and protect the rights of criminal suspects. Then, we can say that the more perfect of the conditional arrest system, the better service to the construction of the rule of law in China.
Keywords/Search Tags:conditional arrest, arrest system, evidence conditions, application, perfection of system
PDF Full Text Request
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