Re-examination of Arrest Conditions under the "Fewer Arrests, Cautious Detention, and Prudent Prosecution" Policy : An Observational Perspective on the Crime of Intentional Injury

Ning Sang

doi:10.47297/wspelWSP2515-824409.20250901

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Re-examination of Arrest Conditions under the "Fewer Arrests, Cautious Detention, and Prudent Prosecution" Policy : An Observational Perspective on the Crime of Intentional Injury

Volume 9, Issue 1

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Re-examination of Arrest Conditions under the "Fewer Arrests, Cautious Detention, and Prudent Prosecution" Policy : An Observational Perspective on the Crime of Intentional Injury
Re-examination of Arrest Conditions under the "Fewer Arrests, Cautious Detention, and Prudent Prosecution" Policy : An Observational Perspective on the Crime of Intentional Injury
Nanjing University Law School, Nanjing, Jiangsu, 210093, China
Vol. 9, Issue 1, Pages: 36-40(2025)
Published：25 March 2025
DOI：10.47297/wspelWSP2515-824409.20250901
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Ning Sang.Re-examination of Arrest Conditions under the "Fewer Arrests, Cautious Detention, and Prudent Prosecution" Policy : An Observational Perspective on the Crime of Intentional Injury[J].Elder Law,2025,09(01):36-40.
DOI：

Ning Sang.Re-examination of Arrest Conditions under the "Fewer Arrests, Cautious Detention, and Prudent Prosecution" Policy : An Observational Perspective on the Crime of Intentional Injury[J].Elder Law,2025,09(01):36-40. DOI： 10.47297/wspelWSP2515-824409.20250901.

摘要

Abstract

The "Fewer Arrests

Cautious Detention

and Prudent Prosecution" policy has long been a guiding ideology of China's criminal justice system

with its implementation focusing on minimizing the application of arrest measures against the accused. An analysis of China's current normative framework for arrest requirements reveals issues such as the absence of specific standards

ambiguous evidentiary thresholds

and unclear application methods

leading to over-reliance on the subjective discretion of judicial personnel during substantive reviews. The root cause lies in the legal structural defects of arrest conditions

which fail to provide effective normative guidance for restricting arrests. Typical cases issued by the Supreme People's Procuratorate to implement the "Fewer Arrests

Cautious Detention

and Prudent Prosecution" policy offer valuable insights into the logical relationships

evidentiary standards

and application methods for reviewing arrest conditions. In judicial practice

adherence to rules such as "simplified proof for non-arrest

rigorous proof for arrest" and "objectivity over subjectivity

standards over arbitrariness" should be maintained. By adopting a criminal integration mindset

a substantive review model should be constructed

prioritizing the crime condition as the premise

the penalty condition as a supplement

and the social dangerousness condition as the core

thereby advancing the implementation of the "Fewer Arrests

Cautious Detention

and Prudent Prosecution" policy.

关键词

Keywords

references

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