Research On Procuratorial Practice Of Criminal Justice Policy Of Less Arrest,Cautious Prosecution And Careful Charge

The proposal of the criminal justice policy of less arrest,cautious prosecution and cautious custody aims to change the current situation of China’s high arrest rate,high prosecution rate and high detention rate.The exploration of judicial practice has also accumulated some successful experience for less arrest,cautious prosecution and cautious custody.Many local judicial organs have actively explored the path of non detention litigation,forming a series of experience and practices that can be popularized and replicated.Subsequently,it also reveals that there are some obstacles and difficulties in the implementation of the criminal justice policy of less arrest,careful prosecution and careful custody,such as the unclear social risk proof standard and the applicable standard of relative non prosecution,the legislation of non custodial coercive measures needs to be improved,the setting of evaluation indicators is not scientific enough,the internal examination and approval procedures of non arrest and non prosecution cases are complex,and the traditional thinking of judicial investigators has not changed.At this stage,starting from the case handling data of the procuratorial organ,analyzing the current situation and problems of the procuratorial practice of the criminal justice policy of less arrest,cautious prosecution and cautious detention,and exploring how to solve the problems,break down the resistance,and further promote the implementation of the criminal justice policy is an urgent topic to be studied.This paper is divided into six parts.The first part is the introduction,including the background of the topic,research status at home and abroad,research content and research methods;The second part is an overview of the criminal justice policy of less arrest,careful prosecution and careful custody,which will sort out the historical origin and development process of the criminal justice policy of less arrest,careful prosecution and careful custody,detail the "past and present life" of the policy,analyze the practical necessity of the policy combined with the current social development and judicial practice,and discuss the conceptual connotation and main content of the policy;The third part is the current situation of the procuratorial practice of the criminal justice policy of less arrest,cautious prosecution and cautious detention.Based on the statistics and combing of the case handling data of the N railway transportation Procuratorate,the author will analyze and summarize the current judicial situation and its causes by synthesizing some data of the national procuratorial organs;The fourth part is the difficulties faced by the implementation of the criminal justice policy of less arrest,careful prosecution and careful custody,which will discuss the obstacles and difficulties encountered by the procuratorial organs in the process of implementing the criminal justice policy of less arrest,careful prosecution and careful custody;The fifth part will put forward the countermeasures and suggestions to promote the implementation of the criminal justice policy of less arrest,careful prosecution and careful custody on the basis of the above research,such as clarifying the social risk proof standard and the applicable standard of relative non prosecution,improving the bail pending trial system from legislation,scientifically and reasonably setting evaluation indicators,etc.The sixth part is the conclusion.