The Dilemma And Countermeasures Of Application Of Arrest Measures From The Perspective Of "Less Arrest"

In April 2021,the Rule of Law Commission of the CPC Central Committee upgraded the judicial philosophy of "fewer arrests,less prosecution,and less punishment" to the criminal justice policy of the Party and the state.Criminal justice policy plays a very important role in criminal legislation and judicature.It is a guide for the national judicial organs to handle cases in a certain period of time.At present,our judicial organs have made remarkable achievements in the process of implementing the criminal justice policy of "less arrest".In this thesis,the dilemma of reporting arrest,approving arrest and executing link is also in line with the law of development.Therefore,for the dilemmas highlighted in cases and regulations,this thesis uses empirical analysis method and literature research method to analyze the specific reasons for the dilemmas in the application of arrest measures.On the whole,the reasons can be summarized into three levels: legislation,judicature and concept.At the legislative level,the reasons are as follows: there is no unified standard for reporting arrest cases,inflexible legal supervision,lack of proof and evaluation mechanism,untimely accountability mechanism for wrongfully arrested,imperfect relief mechanism for bail pending trial,and imperfect relief mechanism after arrest.The judicial reasons are as follows: the path dependence of handling cases in custody,the delayed effect of "integration of arrest and prosecution";At the conceptual level,the reasons are as follows: the transformation of judicial idea is not sufficient and the external pressure comes from a wide range.Through comparative study,combined with the actual situation and predicament of the reasons,so as to put forward targeted measures to improve.The improvement measures are as follows: at the legislative level,it enforces the rigidity of legal supervision,establishes the right of liability exemption and strengthens the relief mechanism;At the judicial level: positive incentive to change the idea,negotiate to grasp the arrest standard,establish the proof and evaluation mechanism,improve the application rate of bail pending trial;Concept level: firm position of case handling personnel,deepen consensus of prosecutors and police organs,adopt comprehensive measures to reduce pressure.In addition,in order to better get out of the difficulty of applying arrest measures from the perspective of "fewer arrests",it is necessary to unswervingly follow the guiding principles of the Twenty Principles of the Party,comprehensively and accurately promote the implementation of the criminal justice policy of "fewer arrests,careful prosecution and careful detention",improve people’s sense of gain,happiness and security,better protect human rights and promote social governance.Strengthen the Party’s governance foundation.