An Empirical Analysis Of The Application Of No Direct Prosecution

Not arresting direct complaints means that the public security organ's suspects of misdemeanours are not required to be submitted to the procuratorate for approval,and the non-custodial compulsory measures for bail pending trial or surveillance of residence are directly transferred for review and prosecution,or the procuratorate appeals to the public security organ for approval of the arrest.In a case,after a decision not to arrest a person who meets certain conditions,the public security organ shall,according to law,take a non-custodial lawsuit against the non-custodial compulsory measures for bail pending trial or surveillance of residence.In recent years,the continuous deepening of criminal justice reform in China has paid more and more attention to the protection of human rights and the pursuit of procedural justice.It does not capture the system of direct appeal.It is also the concept of modern criminal justice to avoid interference with citizens' rights and interests and even presumption of innocence.It is self-evident that it will be a major manifestation and at the same time improve the efficiency of litigation,save judicial resources,and alleviate the contradictions of many people.Through combing and analyzing the cases that occurred in S County in the past five years,it is not difficult to find that this system can be well adapted to the current judicial needs for the rapid handling of minor criminal cases.However,no matter from the objective handling of the case or the subjective mentality of the case-handling personnel,the non-catch and direct appeal system still faces some specific problems in its implementation.These problems are reflected in both the system design level and the practice level,as well as in the concept of handling cases.Perfecting the system of not arresting and directing complaints and creating a good operating environment for this system requires many efforts.At the institutional level,the main tasks that need to be done are: at the institutional level,optimizing the system for evaluating and evaluating the case of law enforcement judicial organs;improving the supporting mechanism for non-custodial compulsory measures in the implementation process;and establishing a risk assessment mechanism for applying non-acquisition.At the practical level,the main tasks that need to be done are:strengthening the supervision of law enforcement and handling cases;strengthening the coordination of law enforcement and judicial organs;strengthening the dynamic supervision of non-custodial measures;at the conceptual level,efforts to be made include: establishing a concept of safeguarding human rights;Obtain the system of risk-responsibility exemption for waiting for trial;implement law enforcement and reasoning work without arresting direct complaints,and improve the compensation mechanism for victims.