The Empirical Research On Non-custodial Litigation Of Light Sentence Criminal Cases

The revision of the Criminal Procedure Law in 2012 established a concept of respect for and protection of human rights,and refined of the criminal coercive measures from the legislative level,all these provides favorable conditions for the development of non-custodial litigation.Since the social risk is relatively small in light sentence criminal cases,if non-custodial coercive measures are generally adopted,it can not only guarantee human rights and personal freedom,reflect the presumption of innocence and principle of proportionality,and also help to regulate the judicial behavior,reduce the extended custody,torture and other illegal acts.This paper is about to research the operation of non-custody litigation of lightsentence criminal cases in judicial practice after the revision of the Criminal Procedure Law.So take M District Procuratorate as a sample,through statistical analysis of data,found that the annual proportion of non-custodial coercive measures taken in light sentence criminal cases is in the increasing trend,but overall is still low.Sum up the problems and causes in non-custody litigation of light sentence criminal cases,with the practice of judicial practice.Put forward some suggestions,such as changing the concept of law enforcement,refining the applicable standard,perfecting the supervision regulation,improving the evaluation mechanism and perfecting the supporting system,so as to provide reference for the further development of the non-custodial litigation of light sentence criminal cases.