Review and Reflection on the System of Direct Arrest
The The system of direct arrest has natural value flaws,which are not conducive to the re-alization of the value of rights protection and judicial fairness,and do not have true efficiency value.In terms of theoretical character,the system of direct arrest has shortcomings in judging social dan-ger,such as non proportionality of thinking,non comprehensiveness of methods,and non inevitable correlation of materials,all of which are presumed to have social danger and are too arbitrary.At the same time,the consequences of criminal labeling caused by the direct arrest system are also incom-patible with the background of the era of petty crimes,which is not conducive to the return of crimi-nals to society.And there is a gap with the requirements for active performance of duties in accord-ance with the law,making it difficult to balance case resolution and success,which is not conducive to achieving the unity of the"three effects".In addition,with the rapid development of social infor-mation technology and the widespread use of crime monitoring technologies such as electronic brace-let supervision systems,the crime control function of the direct arrest system has also shown a trend of substitutability.In the process of judicial operation,the direct arrest system also conflicts with the criminal justice policy of combining leniency with severity,conflicts with the current round of judicial responsibility system reform,and conflicts with the"integrated arrest and prosecution"case handling mechanism,which affects the effectiveness of the detention necessity review function.It is not reasona-ble to limit or modify the interpretation of direct arrest.In the future legislative process,the system of direct arrest should be deleted and a comprehensive assessment of social danger should be conducted.
direct arrestcombining leniency and severitysocial dangernecessity of arrestnecessi-ty review of detention
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