Study on the Optimization of Arrest System under the Policy of"Fewer Arrests,Caution against Prosecution,Caution against Punishment"
In recent years,due to the lack of objective and accurate proof standards for arrest requirements,the biased concept of arrest practice,and the poor operation of non-custodial compulsory measures,the num-ber of arrests in judicial practice is large and the arrest rate is high.The high arrest rate not only violates the essential function of arrest as a preventive measure,but also goes against the original intention of the policy of careful prosecution and careful detention,and fails to realize the organic unity of combating crime and protec-ting human rights.Therefore,in order to optimize the arrest system under the policy of fewer arrests,more prudent prosecution and more prudent detention,the optimization paths are proposed from the conceptual level of the arrest system,the level of the substantive elements of the arrest system,and the level of the supporting elements of the arrest system,respectively.
fewer arrestsnon-custodial compulsory measuresarrestreview of necessity of detention