On the Proof Standard of Arrest

In practice, in order to prevent the dissimilation of arrest measures caused by extreme understanding of arrest conditions, it is necessary to set clear, accurate and operable arrest proof standards. From the perspective of the whole criminal procedure proof system, the proof standard of arrest should be lower than that of prosecution and conviction, and higher than that of filing a case, so as to reflect the progressive and hierarchical nature of the proof standard of criminal procedure. In general, the standard of proof of arrest in China should reach the standard of “clear and credible”, that is, the evidence related to the relevant facts of the case and the situation of the arrested person should be clear and there is no contradiction between the evidences. The prosecutor who decides to arrest should believe that the arrested person has reached the legal arrest conditions. The application of the arrest measures requires a clear standard of proof. The three elements of arrest also require their respective standards of proof based on different characteristics. The inner conviction of the neutral judge in decision-making should be introduced into the standard of proof, so as to clearly express the proof standard of the three elements.