A Study On Problems About The Case Of Non Arrestement And Non Prosecution

In the design of criminal procedure system in our country,the public security organs exercise the right of investigation in general criminal cases,and the procuratorial organs exercise the right of arrest and prosecution in criminal cases.From the formal point of view,The procuratorial organs play a supervisory role as the public security organ of the investigation department.However,due to the conditions of criminal detention by the investigating authorities and the procuratorial organs to arrest and prosecute the conditions are not the same,the latter is relatively harsh and very many,easily lead to criminal cases not to be arrested without prosecution.And the case not to be arrested without prosecution in addition to not think that is a crime,the general will lead to the suspect to take bail pending measures.In view of the fact that our bail system is borrowed from the Western bail system,it is necessary to make a brief analysis of the bail system,so as to sum up the shortcomings of the case that the criminal suspects have taken bail pending trial.To solve the above problems,to a county-level city public security bureau throughout the year for criminal cases appear not to be arrested without prosecution of the case analysis as the starting point to analyze the causes of criminal cases not to be arrested without prosecution of the reasons for the case,to reduce the case not to be arrested without prosecution of the countermeasure,To provide a guide to the perfection of the system of bail pending trial,to improve the rate of arrest and prosecution of criminal cases in public criminal organs,and to realize the purpose of punishing crimes and protecting the people in China.In addition to the preface,this paper is divided into four parts,the specific content is summarized as follows:The first section outlines the circumstances of non-arrest.Using the method of analysis and research to summarize the cases of non-arrest and unlawful cases in our country,aiming at finding out the reasons for the occurrence of cases of non-prosecution,and then introducing the case of not taking the case against the criminal suspects.This is mainly based on the comparison of the bail system of our country and the bail system of foreign countries,and summarizes the drawbacks of the case.The second part is mainly to a county-level city public security bureau throughout the year for criminal cases as the starting point,the case not to be arrested without prosecution to be analyzed.Among them,the case of non-arrest cases are divided into seven categories,such as theft,drugs,injuries,fraud,gambling,double robbery,rape.The third part summarizes the specific reasons leading to the criminal case not to be arrested without prosecution,in order to reduce the public security organs to deal with cases of criminal cases do not see the case of reference.The fourth part focuses on the study of measures to reduce cases of non-prosecution.Through the internal organs from the public to the prosecution to communicate a variety of initiatives to effectively reduce the case not to be arrested without prosecution.