Research On The Criminal Justice Policy Of Less Arrest And Cautious Prosecution And Detention

The Supreme People’s Procuratorate first proposed the new procuratorial concept of "fewer arrests,cautious prosecutions,and cautious detentions" in 2020 as a summary of China’s criminal procuratorial practice,and the concept received positive responses from procuratorial organs across the country as soon as it was proposed.In April 2021,the new concept of "fewer arrests,more prosecutions,and more detentions" was incorporated into the annual work highlights and integrated into judicial practice,successfully completing the metamorphosis from concept to policy,which is a turning point and has the effect of carrying on the top and enlightening the bottom.The new direction has been pointed out.In this context,through a systematic review of the criminal justice policy of less arrest and cautious prosecution and detention,according to its introduction background and the current development of the summary,pointing out the problems in the implementation of the policy and the obstacles encountered in the implementation process,to explore relevant solutions to the problem in order to promote the policy more practical significance.First of all,from the connotation of the policy,the connotation of less arrest,cautious prosecution,and cautious detention are introduced separately through the three-dimensional approach.Less arrest is simply to more profoundly grasp the necessity of arrest,to minimize the application of arrest measures;prudent prosecution mainly refers to prudent prosecution,the standardized application of the non-prosecution system,to better play the function of the non-prosecution system;prudent detention is the implementation of the post-arrest detention necessity review system,in shortening the period of pretrial detention,reduce the number of pretrial detention level efforts.Second,the focus of the policy is still on "less" and "cautious" on the two basis,the connotation and application of the principles and the context of the times,highlighting the value of this policy in all aspects of the function.Finally,as a study of judicial policy,this paper focuses on the problems and solutions in the process of implementing the policy,including the need to change the judicial philosophy of the case handling organs,case handlers are still influenced by some traditional backward judicial philosophy,which needs to be updated,the current public security organs and courts for the implementation of the policy is still to be improved,of course,the prosecution organs at all levels also need to enhance the degree of attention.In addition to the basic policy as a public security organ,procuratorial organs,judicial organs need to strengthen collaboration,do a good job of articulation,to promote the formation of synergies,one implementation;the scope of the application of the policy cases still needs to be clarified,as a systematic policy to implement the entire process of criminal proceedings,but for felony cases,whether to apply,how to apply there is still some controversy,the scope of application for key cases to be further clarified;focus on the use of non-prosecution rulings,the application of the law,the law,the law,the law,the law,the law,the law,the law.The system of non-prosecution,as one of the important systems to ensure the implementation of the policy,has not been used in the current judicial practice,especially with regard to the application of the discretionary power of non-prosecution,there are some obstacles to improve the relevant system to promote the realization of "prudent prosecution";the need to improve the arrest and detention system with the change in the structure of crime,the proportion of misdemeanor cases is rising rapidly,the traditional arrest and detention measures have been impacted,and the determination of social dangerousness needs to be more cautious and careful,and the improvement of the arrest and detention system is also an important impetus to promote the implementation of the criminal justice policy of less arrest and cautious prosecution and detention.The "less arrest and cautious prosecution and cautious detention" is a systematic project,the impact involves all aspects of criminal litigation and various fields and subjects,only to deeply grasp its spiritual connotation and value,to meet the "less" and "cautious " The requirements of the timely discovery of the implementation of the process and to solve the problem,in order to promote the criminal procedure system more perfect.