A Study On The Application Of Bail Pending Trial Under Less Arrest And Prudent Detention

The introduction of the criminal justice policy of less arrest,prudent prosecution and prudent detention has put forward new requirements for China’s compulsory measures system,that is,to change the outdated concept of "heavy blows over protection",increase the application of non-custodial compulsory measures in criminal proceedings,and make bail pending trial a normal practice in practice.Over the past year or so,under the call of the Party Central Committee,organs at all levels have been working hard to reduce detention,which to a certain extent has improved the application of bail pending trial,but in the process of application,some problems have also been revealed that need to be solved urgently.In addition to the introduction and conclusion,the article is divided into four parts:The first part is the background of the introduction of the policy of less arrest and cautious prosecution and its new requirements for release on bail pending trial.The proposal of the policy of less arrest and prudent prosecution and careful detention is not only a major institutional innovation to practice the people-oriented concept,but also a choice made in response to the current decline in serious violent crimes and the increase in new types of crimes.As a non-custodial compulsory measure,bail pending trial is a proper part of the policy of less arrest and prudent prosecution and careful detention,and it should respond to this policy.Specifically,the requirements for release on bail pending trial are mainly manifested in three aspects: first,to promote the renewal of social concepts and change erroneous ideas such as "if a crime is established,it is arrested";Second,it is necessary to speed up the work of optimizing the determination of social dangers of bail pending trial;The third is to improve the connection mechanism between the two,so that the release on bail pending trial can be sustained and healthy.The second part is the change in the judicial concept of bail pending trial under the policy of less arrest and cautious prosecution and careful detention.At present,there are three main problems in the judicial concept when applying bail pending trial under the policy of less arrest,cautious prosecution and careful detention: first,the strict judicial responsibility system has led to a high awareness of risk avoidance among judicial personnel;Second,the public’s perception of bail pending trial is wrong,and they reject bail pending trial from their hearts;Third,the public security organs have not changed their thinking in a timely manner,and still pay attention to the collection of evidence of guilt.In order to change this situation,it is first necessary to explore the establishment of a risk liability exemption mechanism for bail pending trial,so as to provide a relaxed case-handling environment for case-handling personnel;Second,it is necessary to give play to the leading role of typical cases and guide judicial personnel and the public to change their thinking in a timely manner;Finally,it is necessary to strengthen cooperation and cooperation between procurators and police to improve the quality and effectiveness of criminal case handling.The third part is the determination of the social danger of bail pending trial under the policy of less arrest and cautious prosecution.At present,China has not established a unified social risk assessment mechanism,and the social risk identification standards are also relatively vague.At the same time,the position of the defense in the determination process is limited,it cannot effectively participate in social danger review activities,and the unequal status of the prosecution and defense makes it difficult to protect the rights and interests of suspects.The author believes that it is necessary to establish a hierarchical identification model for the social danger of releasing bail pending trial,and assess the social danger of criminal suspects from two aspects: "socially dangerous behavior" and "whether the use of bail pending trial can prevent social danger".At the same time,it is necessary to follow the principle of equality of prosecution and defense in review activities such as social danger,and protect the rights and interests of criminal suspects through the participation of lawyers.The fourth part,improvement of the supporting mechanism for release on bail pending trial under the policy of less arrest and cautious prosecution and careful detention.In order to encourage judicial personnel to actively apply bail pending trial under the policy of less arrest and careful detention,it is necessary to establish a set of effective supervision mechanisms: introduce community corrections institutions to assist supervision,increase the intensity of punishment for release from bail,popularize intelligent supervision methods such as electronic bracelets,and achieve effective monitoring.In addition,in order to ensure the sustained and healthy development of the policy,it is necessary to strengthen the right to bail pending trial and procuratorial supervision.In terms of rights remedies,criminal suspects should be given the right to apply for reconsideration and review,making it clear that the review is final.In terms of procuratorial supervision,attention should be paid to the supervision of the entire process of releasing bail pending trial,strengthening communication and exchanges with victims,and preventing adverse incidents.