The Study On The Application For The China's Current Conditions Of Arrest

Arrest is the most severe coercive measure in criminal action, and the purpose of designing the system is to effectively guarantee the smooth criminal action. Arrest itself only has the nature of procedure guarantee but not the nature of entity punishment. However, in the current judicial practice of our country, more than eighty percent of criminal suspects and defendants of criminal cases shall wait for trial in custody; As for conviction and sentence, although the conviction rate is high, the main determined penalties are light punishment. With the rule of law, the process progresses, more and more importance attached to protection of human rights, China's national security and judicial work in 2013, meeting was also proposed that in building a harmonious society,the political and judicial organs at all levels is necessary to use relative to economic degrees of strictness in criminal justice policy, the largest limits to contain, prevent and reduce crime.the rate of arrest remains at a high level, besides the obsolete law enforcement idea, the most important reason is that there is no unified standard for arrest condition. The law rules that arrest must conform to the evidence condition, the penalty condition and the necessity condition, but the provision of penalty condition is too broad, and the provision of necessity condition is too fuzzy. So the standards of necessity are various in different provinces and cities. Making a decision of disapproving all arrest will face many unknown risks. Firstly, how to make sure the suspect not to escape and participate in the lawsuit on time; Secondly, if the suspect who is not decided to be arrested gets a serious punishment, the decision will be judged wrong. Thirdly, because of short time limit of arrest examination, a lack of evidence and the its stability, people or organ will be held responsible for wrong decision once evidences change later. Lastly, public security organs show reluctance to disapproving arrest. Although decreasing the number of suspects being arrested and reviewing cases cautiously are advocated, there are still some conflicts among public security organs, procuratorial organs and people's courts because their standards fife different. These conflicts result in high rate of arrest, the focus is how to understand arrest as a kind of mandatory measures; how to understand and apply necessity condition well.Emphasis on the need for the application of the arrest is not only a magnification of corrective arrest, but also the return of a rational administration of justice reflects the relative protection of human rights and implement the less favorable economic criminal justice policy. This article focuses on review of the status of the arrest, analyzes the arrest of three conditions, in particular the need to review the conditions of practice in the application of the arrest, clearly indicated the necessity of the conditions to arrest the problems encountered in its application, through the arrest of high rate. Compared to the relevant provisions of foreign countries, combined with the existing law and judicial practice, I proposed my point of view about the necessity of arrest for the operational practice.