The Conditions For Arrest Are Applicable

Perfecting conditions for arrest in the reform of arrest system is important. Arrestconditions not only reflect the level of resistance, but also transform betweenresidential surveillance and bail. And it determines that arrest application should becareful. In order to learn the reform spirit and application of “Criminal Procedure Law”deeply, the article analyzing the arrest conditions reform for the application isparticularly important. After the "Criminal Procedure Law" Changes, it details arrestconditions. Conditions application affects whether to arrest or not, if improper apply,wrong arrest or missed arrest, it will violate the human rights of citizens, such aspersonal rights and democratic rights. In practice, how to apply the arrest conditionson the part of the "Criminal Procedure Law" exactly which is the important workcurrently. So this article analyzes the current situation and problems of the arrestconditions and offers some suggestions about arrest conditions application. And Ihope this article can provide a little bit contribution to the theory study, and hope toprovide some valuable reference to the substantive departments.The paper analyzes problem from the theoretical specification and theoperational level, and the various elements of the arrest conditions is the core, throughthe contact theory, we can discuss the reasons for the problem of the arrest,and wecan raise right method to solve the problem.The article is divided into three parts, including the current situation analysis ofarrest conditions application, the theoretical basis of the conditions application, anddiscussing measures to apply the arrest conditions accurately, totaling35,000wordsor so, and briefly described as follows:The first part is the situation analysis of arrest conditions application, this partanalyzes the current situation, problem and reason of the arrest conditions application.In the part of current situation, it mainly describes four aspects of arrest application,including the arrest rate, social risk reviewed, direct arrests conditions application andthe arrest results. Sum up the problem of defective standard of review evidence,necessity condition nihility, solving direct arrests conditions application urgent andthe application of transformation conditions doubtful. And then this part summarizesthe causes of these problems, including the legislative defect, working mechanism andideas, and the article analyzes of each of the aspects in-depth.The second part analyzes the theoretical basis of the conditions application. Thepart focuses on analyzing the protection of human rights and due process theoryguiding significance. Discusses the values of arrest conditions in modern society anddirective function to the arrest conditions application and how to play its due role ofarrest, the prerequisite to accurately apply the arrest of is understanding of the basicconcepts. The article analyzes the meaning and the legal basis of the protection ofhuman rights theory and due process theory, in order to improving the judicial officerarrested apply knowledge in essence and reducing waste of judicial and judicialerrors.The third part is to discuss measures to apply the arrest conditions accurately,including grasping the conditions of arrest application methods accurately, perfecting the arrest review mechanism and perfecting the arrest conditions application relevantsupporting system. In the aspect of grasping the conditions of arrest applicationmethods accurately, the article analyzes the evidence standard of review, the elementsof legislative’s value, conditions of social risk assessment mechanism and theapplication method of discretionary arrest conditions. In the aspect of perfecting thearrest review mechanism, focusing on discussing defense lawyers involved,constructing the defense mechanism, constructing the hearing system and review ofarrest of supervision. In the aspect of perfecting the arrest conditions applicationrelevant supporting system, it puts forward perfect the relevant supporting mechanismthrough enhancement the practice effect of arrest necessity review，make full use ofthe potential practical value of case directing system and speed up implement of theresponsibility assessment mechanism.