The System Research Of Conditional Arrest

This article,primarily from the theoretical and pratical aspects,analyzes the current situation and problems of China's arrest system.Besides,with arrest data collected from certain provinces,author attempts to find whether the conditional arrest becomes an incresingly crucial factor respecting the optimization of the judical resource allocation,restructure of the judical institutes,and building up of a fair,efficient judicalsystem.In addition,through analyzing the present status of the arrest system,referring to the relative cases in different provinces these years,the author tries to probe into specific practice and blemish concerning the conditional arrest.Finally,the four suggestions are made to address the current issues of the conditional arrest system: to legalize and rationalize conditional arrest by lawmaking;to clarify the circumstances for the application of conditional arrest;to perfect the execution procedures;to set up the reasonable supporting system,such as risk assessment and censor trail,etc.This article mainly adopted the following research methods: value analysis,comparative analysis,theoretical analysis and practical analysis and so on.Based on his experience as a prosecutor,the author elaborates the creative ideas either via studying "the Opinion of the SPP on the the Application of the Conditional Arrest While Conducting Reviewing of Arrestment(trial)by the People's Procuratorate",or by analyzing the current status and issues of the arrest system of our country,as well as the data of Hunan province respecting conditional arrest.The conclusion,to certain extend,holds some innovative points on the legality and validity of the conditional arrest in procuratorate' practical application.