Research On The Criminal Judicial Policy Of Less Arrest,Cautious Prosecution And Careful Custody

Less arrest,cautious prosecution and careful custody means that for minor criminal cases,the defendants should not be arrested or prosecuted if they cannot be arrested or prosecuted,and non-custodial coercive measures should be applied as much as possible to minimize detention.As a judicial case-handling concept,the concept of less arrest,cautious prosecution,and careful custody has gradually risen to become a criminal justice policy with the implementation of procuratorial organs,which plays an important role in guiding procuratorial organs to administer justice fairly and civilly,realize the value goals of human rights protection,and participate in social governance.However,due to the long-term influence of the traditional case-handling concept of "heavy blows and less protection",procuratorial organs have also exposed many problems in the process of implementing the criminal justice policy of less arrest,cautious prosecution and careful custody,making it difficult for procuratorial organs to enhance their ability to participate in social governance in case handling,and to provide the people with better quality procuratorial products.As a set of successful experience in condensing China’s social governance,"Fengqiao Experience" is inherently consistent with the criminal justice policy of less arrest,cautious prosecution and careful custody,in terms of resolving conflicts and disputes and maintaining social harmony.Therefore,the author attempts to introduce the "Fengqiao experience" into the procuratorial work of less arrest,cautious prosecution and careful custody,and obtains enlightenment by exploring the necessity and feasibility of combining the two,so as to provide an optimized path for procuratorial organs to implement the criminal justice policy of less arrest,cautious prosecution and careful custody in the future.Apart from the introduction and conclusion,this paper is mainly divided into the following four parts:The first part provides an overview of the criminal justice policy of less arrest,cautious prosecution and careful custody,first explaining the definition and connotation of the criminal justice policy of less arrest,cautious prosecution and careful custody,and then backtracking from the germination of the concept to the development and implementation of the policy.Finally reveals the value and significance of the criminal justice policy of less arrest,cautious prosecution and careful custody in the work of procuratorial organs.The second part mainly analyzes the current status of our country’s procuratorial organs’ implementation of the criminal justice policy of less arrest,cautious prosecution and careful custody through judicial cases of different types and existing procuratorial case-handling data,and analyzes the problems existing in the process of implementing the criminal justice policy by procuratorial organs based on the status quo of implementation.The author believes that there are four main problems,namely,the lack of personal experience in case review work,the difficulty of grasping the applicable standards for arrest and prosecution,the need to strengthen the concept of justice for the people,and the insufficient social governance capacity and level of procuratorial organs.The third part introduces the concept of "Fengqiao Experience",firstly outlines the development process and core value of "Fengqiao Experience",and then focuses on the feasibility and necessity of introducing "Fengqiao Experience" into the work of less arrest,cautious prosecution and careful custody,came to the conclusion that they are inherently consistent in terms of concepts,functions and goals,so the combination of the two is feasible.At the same time,introducing "Fengqiao Experience" into the work of less arrest,cautious prosecution and careful custody will help the procuratorial organs to strengthen human rights protection,improve their case-handling capabilities,and participate in social governance.The combination of the two is indeed necessary.Finally,the procuratorial organs in four different regions were selected as research samples to summarize their successful experience in combining the two and gained inspiration from them.The fourth part attempts to propose an optimized path for the procuratorial organs to further implement the criminal justice policy of less arrest,cautious prosecution and careful custody.It can be improved from the following five aspects: firstadhering to the people-oriented,implement the principle of modesty in the criminal law,and strengthen human rights protections;second,the procuratorial organs open the door to handle cases,and grasp the application of less arrest and cautious prosecution;third,preventing and controlling conflicts and disputes from the source,using criminal reconciliation and improving the connection of inspection and adjustment;fourth,using various channels such as service hall platforms,media network platforms and external supervision platforms to strengthen the openness of procuratorial affairs;fifth,establishing a procuratorial grid on the basis of the social grid,and creating an intelligent supervision platform for the procuratorial grid with the help of modern information science and technology.