The Logical Review and Normative Construction of Less Arrest and Careful Prosecution and Detention
As a criminal justice policy in the new era,"Less Arrest and Careful Prosecution and Detention"is the concretization and extension of the criminal policy of leniency and severity in the criminal procedure.To carry out the criminal justice policy of less arrest and careful prosecution and detention,it is necessary to clarify its scope of application and follow certain principles on the basis of grasping its generating logic and clarifying its basic connotation.At the same time,we should focus on controversial issues by starting from the three dimensions of"concept,mechanism and system",promoting the transformation of the concept from focusing on cracking down on crime to protecting human rights,from arrest for any crime to the principle of proportionality,and from specialized knowledge to consensus.We shall reform the necessity review mechanism for arrest and charge,improve the case performance evaluation mechanism,and establish and improve the hearing system for arrest and charge,the non-prosecution system for enterprises in compliance with the law,and the detention substitution system.
Less Arrest and Careful Prosecution and DetentionCriminal Justice PolicyNecessity of DetentionNormative Construction
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维普
