Study On The Application Of Arrest Measures In Cases Of Confession And Punishment

As a compulsory measure to deprive criminal suspects of personal liberty for a longer period of time in criminal proceedings,arrest is a litigation security system that guarantees the smooth conduct of criminal proceedings.However,while ensuring the smooth conduct of criminal proceedings,the human rights protection function shouldn't be ignored and the personal freedom of citizens should be protected from improper and arbitrary violations of state power.With the commencement of the criminal speed procedural process and the lenient system of confession and punishment,the lenient system of guilty plea and punishment has been the hot spots in academic research.However,the existing research mainly focuses on how to be broad in the entity,and how to lenient in terms of procedures,especially when applying the arrest measures.The new Criminal Procedure Law,promulgated and implemented on October 26,2018,clearly stipulates that guilty pleas can be used as one of the considerations for examining whether a criminal suspect is socially dangerous.It will not only reduce the necessity of detention,but also its non-custodial measures is in line with the criminal policy of lenient,which also can save regulatory costs and judicial resources.Therefore,with the relevant data collected by some public security organs,people's procuratorates and courts in the pilot areas,the arresting measures for guilty confession cases during the pilot period are studied.Firstly,the article studies the meaning of pleading guilty and confession in arrest measures.It mainly includes two aspects: First,through the analysis of the legal texts in the criminal proceedings,the meaning of the "guilty plea" of the staff of the academic and substantive departments,combined with the arrest measures,the meaning of "confessing the crime" is interpreted,and the "guilty confession" in the arrest measures "defined as: criminal suspects voluntarily and truthfully confess their own criminal activities,but should not include the accusation of public security organs and procuratorates.Secondly,on the basis of the understanding of "recognition" in the analytic circles and judicial practice,the "practicing punishment" in the arrest measures is defined as: the criminal suspect and the defendant know that their behavior constitutes a crime,and voluntarily accept the truthful confession After the consequences of the sentence,actively compensate the victim for the loss,apologize,and refund the stolen goods.Secondly,the article introduces the current status of the application of arrest measures in pleading guilty cases.Through the collection of relevant information on pleading guilty cases in the G city of G province,the public security bureaus of the S city,the people's procuratorate and the courts in the coastal areas,the investigation of the people's procuratorates and courts in some areas of the C city in the southwestern region,while exchanging with the staff of the district procuratorate,the current status of the application of arrest measures are summarized in the case of the pleading guilty plea case,the arrest of the public security organs,the examination and approval of the arrest by the procuratorate,and the application of arrest measures in the court hearing the guilty plea.Thirdly,the article analyzes the problems and causes of the application of arrest measures in pleading guilty cases.In practice,there are many problems in the application of arrest measures for confession and punishment cases.First,the arrest rate of guilty confession cases is high.Second,confession and punishment are not very useful in the review of social risk.The third is that formal lawyers participate in formalization and enthusiasm is not high.Finally,the reason for the court's change of arrest measures at the trial stage is questionable.The reason for these problems lies in the provisions on alternative measures of detention are not sound,and the provisions on the quality of examination and arrest by the procuratorate are not reasonable;In terms of judicial system,the administrative color of examination and arrest is serious,the performance appraisal mechanism is unreasonable;From the perspective of law enforcement,it is feared that suspects' escape from custody and safety,some public security and law organs' staff's ideological understanding is not in place,and the current imperfect mechanism for obtaining confessions may lead to involuntary confession and punishment.The imperfect system of on-duty lawyers and other factors all affect the standard application of arrest measures in cases of confession,punishment and recognition.Finally,the article proposes to improve the application of arrest measures for confession and punishment cases.First of all,it is necessary to carry out the reform of reducing custody case of confession and confession.Secondly,on the basis of reform ideas,strengthen the pretrial release risk control,strengthening the confession forfeit their understanding of the influence of social risk,perfecting pleaded guilty to forfeit their review mechanism,perfecting the duty lawyer system and working mechanism,so as to promote pleaded guilty to forfeit their arrest measures the specification of the cases.