山东基层检察院捕后判轻刑案件分析

Investigation Report on Cases Applying Arrest Since Sentenced to Light Punishment in Basic Procuratorates of Shandong Province

大比例的审前羁押无法满足以人为本的科学发展观和构建和谐社会的基本要求,轻刑案件适宜作为逐步降低羁押率的突破点。执法理念的偏差以及在执法理念指导下的自身工作机制的不健全和不完善,是造成轻刑逮捕率高的最主要原因。检察机关应当通过树立正确的执法理念、完善审查逮捕工作机制和建立相关配套制度,把轻刑逮捕率控制在合理水平。

Large proportion of pretrial custody can not meet the requirements of the people - oriented scientific outlook on development and the build of harmonious society, while the cases sentenced to light punishment shall be the breakthrough in gradually decreasing the percentage of custody. Large percentage of arrest applying to the light punishment cases is mainly resulted from the concept deviation of law enforcement and the imperfection of working mechanism under the guidance of such concept. The procuratorial organ should establish correct idea of law enforcement and ameliorate working mechanism of arrest and relative regulations to adjust the arrest application of the light punishment cases to a reasonable proportion.