Exploring The Review And Arrest System For Misdemeanor Cases In The Context Of Less Arrest And Cautious Prosecution And Detention

In the background of less arrest and cautious prosecution and cautious detention to explore the misdemeanor case review and arrest system,is based on the current "less arrest and cautious prosecution and cautious detention" criminal justice policy,the changes in China’s crime structure and the problems in judicial practice and proposed.At this stage,misdemeanor cases have become the main group of cases handled in China’s judicial practice,and have become the main object of crime management in China.Based on the needs of the times and the expectations of the people,"less arrests and cautious prosecutions and cautious detentions" has become a criminal justice policy of the Party and the State,which requires the procuratorial organs to achieve less arrests and cautious arrests in the process of handling specific cases,to keep the entrance gate for arrests and promote social governance.However,this is only our initial achievement,and there is still a gap between the arrest rate in China and that of developed countries outside of China.In the context of the criminal justice policy of less arrest and cautious prosecution and detention,it is necessary to explore the review and arrest system for misdemeanor cases in order to meet the specific requirements of "less arrest" and to truly achieve less arrest and cautious arrest.This paper consists of three main parts.The first part is an overview of the criminal justice policy of less arrest and cautious prosecution and review and arrest of misdemeanor cases.This part mainly elaborates the criminal justice policy of less arrest and caution and the basic content of review and arrest of misdemeanor cases,closely connects less arrest and caution with review and arrest of misdemeanor cases,determines the scope of application of less arrest and caution for most misdemeanor cases,initially discusses the review and arrest of misdemeanor cases in the context of less arrest and caution,in addition,also elaborates the theoretical basis of the review and arrest system of misdemeanor cases.In the second part,the situation and resistance of the review and arrest of misdemeanor cases under the background of less arrest and cautious prosecution and cautious detention are mainly discussed.These situations include the alienation of arrest function,"arrest for crime","light sentence after arrest" and"inverse sentence" in the application of arrest for misdemeanor cases,and the resistance to these phenomena.The current situation of the absence of arrest elements and review in misdemeanor cases and the deficiencies of the review and arrest procedures in misdemeanor cases.The third part is based on the content of the first and second parts of the design of the review and arrest system for misdemeanor cases in the context of less arrest and cautious prosecution and detention.In this part,first of all,the four elements of arrest for misdemeanor cases are set,advocating the weakening of the element of "evidence to prove the fact of crime",insisting on the penalty element of "statutory minimum sentence of three years’ imprisonment or more",refining the element of social dangerousness of arrest and adding the element of arrest Secondly,the three levels of review model was constructed to review the four elements of the hierarchy;finally,the rules of the procedure for hearing opinions on the review and arrest of misdemeanor cases were constructed to ensure the smooth implementation of the review and arrest system for misdemeanor cases with the hearing mechanism and response mechanism of the rules of the procedure for hearing opinions.In the context of less arrest and cautious prosecution and detention,the review and arrest system for misdemeanor cases is dedicated to guarding the entrance of China’s application of arrest and detention measures,realizing less arrest and cautious arrest,urging the procuratorial organs to actively perform their duties,courageously assume the role of social governors,strictly apply arrest and detention measures in accordance with the law,protect the rights of criminal suspects,resolve the conflicts between criminal suspects and victims with restorative justice,reduce social confrontation,repair social relations,and promote social harmony and stability.