Empirical Analysis On The Affecting Factors Of Arrest Rate In China

Since the new criminal law came into effect,,the rarest is In a declining trend.According to the analyst of arrest in shanghai and P district of shanghai,the reason of the variation of the arrest rate is the new policy orientation by the change of the concept about law enforcement and the revision of the new criminal law.Currently,the range of the social danger is too wide,the evidence is too vague,which weak the effect of the arrest norm.The procedure of interrogate the suspect and take advices from lawyer is insufficient,which is lacking in efficiency.The function of arrest transforms into investigation method and the public have a wrong idea on arrest which neglects the necessity of anti arrest.We should establish the comprehensive assessment of the arrest necessity and restrict the necessity of arrest.We should clear the rule of the proof and the condition of anti arrest.We should eliminate the subjective favor and complete the arrest procedure which needs to complete the procedural mode of arrest.Establish the public hearings of arrest and pay attention to the idea of respecting and protecting human right,transform the unreasonable policy.