A Study On The Phenomenon Of High And Light Punishment Rate After Arrest

Arrested in the criminal proceedings in our country,the function of compulsory measures is the guarantee the orderly conduct of criminal litigation process,its crackdown on crime and guarantee basic human rights of criminal suspects dual attributes.Its application has strict proof standard,penalty standard and social danger standard.As the criminal procedure law in 2012 has carried on the significant change review system for arrest,has been clear about the arrest of social risk condition,but in the judicial practice work,because the case is complicated,and individual cases of accepting cases outside factors,makes the system of arrest in all kinds of problems appeared in the process of running,which arrested sentenced to the high light punishment phenomenon is particularly prominent,serious contradictions.After the arrest,the sentence of light punishment refers to the percentage of the number of people who have been sentenced to control,criminal detention,single supplementary punishment,exemption from criminal punishment and suspended sentence.Allow arrested criminal case sentenced to light punishment,but sentenced to the high light sentence following the arrest of the case review arrested quality flaws,arrest compulsory measures is abused,arresting the inefficiency of justice.If this phenomenon is not improved,the arrest system will not be able to play its due function,which will affect the function of criminal proceedings and seriously violate the basic spirit of safeguarding human rights of the constitution.The "arrest" discussed in this paper is limited to the compulsory measures taken by procuratorial organs in the investigation stage.The article is divided into five parts:the first part is the introduction to the purpose and significance of the topic research.The second part takes the three typical cases in judicial practice as the entry point,and the criminal suspect is sentenced to light sentence after arrest,which leads to further thinking on the problem.In the third part,the author briefly introduces the relevant provisions of the arrest system of Anglo-American law system and continental law system,and compares it with the arrest system in China.The fourth part analyzes the causes of the high light penalty rate after the arrest,and tries to find the crux of the problem.The fifth part,on the basis of analyze the reasons,put forward to renew the idea of law enforcement,explore to establish compensation system of margin in escrow for minor criminal cases,give person being arrested substantial relief rights,perfect the bail alternative arrest of custody proceedings compulsory measures such as solution,in order to reduce the high rate of light punishment after.