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

9卷第1期

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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
2025年9卷第1期页码：36-40
纸质出版日期：2025-03-25
DOI：10.47297/wspelWSP2515-824409.20250901
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(2025). Re-examination of Arrest Conditions under the "Fewer Arrests, Cautious Detention, and Prudent Prosecution" Policy : An Observational Perspective on the Crime of Intentional Injury. 老年法学（英文版）, 9(1), 36-40.

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.
(2025). Re-examination of Arrest Conditions under the "Fewer Arrests, Cautious Detention, and Prudent Prosecution" Policy : An Observational Perspective on the Crime of Intentional Injury. 老年法学（英文版）, 9(1), 36-40. DOI： 10.47297/wspelWSP2515-824409.20250901.

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

Beijing Shunyi District People's Procuratorate's Research Group . Exploration of the Path to Reducing the Rate of Pre-trial Detention - Based on an Examination of Intentional Injury Cases in District S in 2019- 2021 , Journal of Beijing College of Politics and Law , 2022 , 3 , 10 - 11 .

Chen Yongsheng , The Chinese Problem of Arrest and Institutional Response - Centering on the 2012 Criminal Procedure Law's Revision of the Arrest System, Tribune of Political Science and Law, 2013 , 31 , 23 .

He Heng Yang , An Outline of Five Relationships in Criminal Justice Policies of Fewer Arrests and Deliberate Litigation and Prudent Detention , People's Procuratorial Semimonthly , 2022 , 3 , 2 - 3 .

Jia Yu , edited by Jia Yu , Criminal Law (Next) (Second Edition) , Higher Education Press , edition , 2019 , 125 - 127 .

Li Changlin , Three Strategies for Promoting Fewer Arrests and Prudent Detention , Criminal Scienc , 2023 , 1 , 62 - 65 .

Liu Yanhong , Study on the Mechanism of Substantive Outlawing under the Vision of Criminal Integration with Fewer Arrests and Prudent Prosecution and Prudent Detention , Criminal Science , 2023 , 1 , 43 - 45 .

Nie Youlun , Kong Weihan , Constitutional Regulation of Arrest Examination under the "Less Arrest , Cautious Prosecution and Detention" Policy , Journal of Shandong University (Philosophy and Social Sciences) , 2023 , 2 , 142 - 143 .

Shi Limei , A Legal Hermeneutical Analysis of the Conditions of Arrest Necessity , Law Science Magazine , 2019 , 3 , 72 .

Wang Minyuan , Li Jia , Jurisprudential Analysis of "Fewer Arrests , Prudent Prosecution , and Prudent Detention" , Research on Rule of Law , 2023 , 6 , 11 - 12 .

Wang Ziyi , Research on Influencing Factors Analyzing Countermeasures for Reducing the Rate of Pretrial Detention , Criminal Science , 2021 , 4 , 105 - 106 .

Zhang Lin , Rules for Proving Arrest Conditions - Taking the Review and Approval of Arrest Procedures at the Investigative Stage as a Perspective , Journal of Huaqiao University (Philosophy & Social Sciences) , 2018 , 5 , 103 - 104 .

Yang Yi , Reconstruction of Arrest Conditions with Social Dangerousness Examination as the Core - Theoretical Reflection Based on Empirical Facts , Journal of Comparative Law , 2018 , 3 , 138 .

Yang Yuguan , Guo Kaiwei , On the Proof Standard of Arrest , Journal of Zhejiang Gongshang University , 2020 , 4 , 2020, 78 .

Yu Haisong , Commentary on Practical Criminal Law , Peking University Press , edition , 2022 , 949 - 951 , 970 - 972 .

Zhang Mingkai , A Criminal Law Analysis of the Judicial Status of the Crime of Intentional Injury , Tsinghua Law Journal , 2013 , 7 , 6 - 27 .

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