Review The Arrest Conditions And The Proof Standard Of Judicial Application

As one of the most severe coercive measures in criminal procedure, arrests deprive criminal suspects and defendants of personal freedom, prevent the occurrence of social danger and guarantee the smooth progress of criminal proceedings. The Criminal Procedure Law, which was implemented in January of 2013, has made a substantial revision over the previous provisions on the review of arrests. It has refined the requirements of the criminal proof standards and the necessity of arrests in arrest cases while standardizing the judicial application of arrest conditions. Human rights "to make more demands. However, in the judicial practice, there is still a large discretionary space for "crime and non-crime" and "arresting or not arresting", it is very important to study the standard of arrest, standardize and limit the discretion of the necessity of arrest. Significance.Combining with the development of the arrest system in our country, this paper compares the stipulations of the new and old criminal procedure law on the standard of arrest proof, and analyzes it in the way of judicial practice. This paper studies the data of a city's arrest from 2010 to 2015. Based on the typical cases, the author points out the problems existing in the judicial practice. Based on the useful experience of arresting the proof standard, the author finds that the arrest system in our country In the end, the paper analyzes the different standards of criminal certification in China, and compares the different standards of criminal certification between the stages of arrest and the stages of the arrest, and puts forward the effective judicial measures.Through the above analysis, comparison and reference, the combination of theoretical research and practice, clear the arrest of criminal proceedings in the core position, from the legal point of view of the truth of the arrest of the standard of proof, the judicial practice of judicial conditions of judicial application and criminal proof The relationship between the two, and strive to further clarify the standard of criminal proof in the review of the arrest of the application of the stage, perfect conditions for the arrest of the proof mechanism, standardize the arrest conditions, the correct application of arrest measures.