Misdemeanor Arrested Review Research Evidence

Minor criminal case in which the legal punishment is low, the social harmfulness is smaller, has the advantages of non detention class of compulsory measures based conditions. Such cases account for most of the basic people’s Procuratorate’s cases. But in practice, most of such cases have taken to arrest measures. The People’s Procuratorate of Beijing municipality has put forward the evidence transfer and review system on necessity of misdemeanor arrests. From the criminal justice theory, the concept of law enforcement, judicial practice and other aspects, this article discusses the problems of the evidence transfer and review system on necessity of misdemeanor arrests existing in application, and try to find a solution, put forward compose to build system of reasonable suggestions. In order to realize the balance of crime control and human rights protection, promoting the unity of judicial justice and judicial efficiency, and innovating and improving the criminal lawsuit system of China.