Research On The System Of Conditional Arrest Applied To Job-related Crimes

In recent years, it is often seen the huge amount of money involved, the great number, and great social harmfulness heavy duty crime cases,anti-corruption has been a formidable task of the party and the state, post crime the new trend of duty crime investigation of procuratorial organ work provides the more severe challenges.Conditional Arrest System is a new criminal arrest measure in Chinese judical practice in 2006.In the reform of 2011,the arrest procedure of job-related crime was been upgraded and expanded to the field of job-related crimes.With typical Chinese characteristics, Conditional Arrest system emerged from the judical practice of China and is an innovation of job mechanism in the legal arrest conditions,which helps to optimize the allocation of judicial resources and realize the relative balance of the punishment of crime and the protection of human rights.It is resonable and necessary to apply Conditional Arrest System to job-related crimes.Job-related crimes applicable to conditional arrest system is the proper meaning of the system design and it is conducive to the implementation of the criminal policy of tempering justice with mercy in compliance with the relevant provisions of the criminal procedure law and better combat serious criminal activities,which is also maintain the integrity of civil servants and public interests.However,the conditional arrest system is too general and lacks of the specific operation rules to follow.After the upgrade of Job-related crimes’review of arrest right,the investigative right belongs to the lower Procuratorate and the arrest decision right belongs to the superior Procuratorate.It’s necessary to establish subordinate link mechanism and the corresponding coordination mechanism.There are still many practical issues needed to be solved in the application of conditional arrest system to job-related crimes.The conditions of arrest of duty crime standards implementation work staff is closely related to the quality and inspection organs,In perfecting the system at the same time, also should be special circumstances require law enforcement with the duty crime case,to further enhance the scientific, civilized law enforcement awareness,In handling duty-related criminal cases,using the conditional arrest system as a supplementary condition, do not arbitrarily change the use of the program and the suitable conditions to expand, to ensure the quality and effect of conditions attached duty crime arrest cases, showing its superiority embodied in the new situation.This paper first introduces the generation and development of conditional arrest system,the validity and advantage of the conditional arrest system are demonstrated,and then explain the the necessity and rationality of job-related crime applicable to conditional arrest system, we will point out the the practical problems of Conditional Arrest system and elaborate relate views of the rational allocation of program design and related support mechanisms.After the analysis of rationality and necessity of the conditions attached to the duty crime cases arrest.The author thinks that the system exists the following problems:the scope of application is not clear,matching procedures are not standardized,supervision mechanism is not perfect.To these, the author put forward the following opinions:From the physical requirements,it should be comprehensive study the evidence of guilt and necessity of constitutive requirements;From the procedural regulation, the following procedures should be strictly:sart the program, the audit procedure, informing procedure, procedures for the record and tracking supervision procedure,safeguard the legitimate rights and interests of the criminal suspect;From the supervision and restriction mechanism.In order to better the conditions of the procuratorial organ arrest supervision and checks and balances,it should establish corresponding mechanism, objection responsibility mechanism and the suspect right safeguard mechanism.