General Secretary Xi Jinping pointed out in the report of the 20th National Congress of the Party: "Promoting the spirit of socialist rule of law，Inherit the excellent traditional legal culture of China。"" as early as 2021，The Central Committee of the Central Committee has clearly included the criminal judicial policy of "less caught" in the annual work point。Little Capture to sue the "caution" thought in the "concentrated punishment" in the excellent traditional legal culture of China，It advocates that most light crime cases are treated from wide treatment，Careful arrest、Pursuit and detention。Digging the excellent traditional legal culture of China，Promoting less caught advice and sucking，For the protection of human rights、Maintaining social harmony and stability is of great significance。

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"Guanren Tie Penalty" is an important part of the thought of "caution"。"Kuan Ren" originated from Confucian "benevolence" thought，It is advocated to restrain the people’s behavior with gentle law，Opposition to implement severe punishment。"Penalty" inherits the "Kuan Ren" thought，Requires not abuse of punishment，It is necessary to have compassion for the weak people such as old and young abolition during sentencing。"Zhou Li · Qiu Guan · Si Xing" has the "three pardon" regulations，That is the old age、young、People with mental disorder adopt a wide policies，The traditional virtue that reflects the bet365 live casino games elderly。other，In the period of Emperor Xiaowen of the Northern Wei Dynasty, the "Starting and Reserving A relatives" system，For being sentenced to felony，And the old age at home、Old elders who are suffering from severe illness need to take care of，Let them stay at home for the old age and then execute the punishment。The ideological impact of "Guanren Tie Xen" is far -reaching，It is conducive to protecting the interests of vulnerable groups，Relieve social contradictions，It has important reference significance for implementing the criminal judicial policy that is caught and caught in prima。

In practice，Many judicial concepts of judicial staff have not changed，Especially for all kinds of new crimes，For example, telecommunications network fraud, etc.，Judicial organs continue to carry out special struggles，Continue to maintain a high -pressure situation of "strict"，less likely to arrest and sucks the possibility of prison。So，Judicial staff to change the old as soon as possible、Rigid judicial concept，Perform the connotation and spirit of the thought of "Kuanren Tie" thought，Incorporate it into judicial work，The implementation of the policy of further promoting the promotion of prudence and prosecutors becomes very important。When the judicial organs launch a special struggle for "strict"，Both must be severely punished crime，It is also necessary to protect human rights。Lost social harm for some society、Light legal consciousness or minor、Criminals of the elderly，It should adhere to education as the main、Supplement of punishment，Help them enhance legal awareness through relevant agencies and personnel，Provide them a chance to change from new。

　　"Aid Discipline"

"Aid Division Crime" refers to the judgment of the crime、The punishment of the severity and the punishment of the crime shall be performed in accordance with the law，It is the origin of the statutory principles of criminal punishment。The idea of ​​sin of the law can be traced back to the legislative principles of the Qin Dynasty's "everything depends on the law"。"Jin Shu · Criminal Law": "The law is broken，All the text of the law of law，If there is no text，Delivery of the name of the name，The name of its text is too late，Do not discuss it。"Tang Lulu Discussion · Disglement of Prison": "The sin must have the text format of the ruler format，Offender，笞 30。"Tang Law Discussion · Professional System":、Order、style，Those who are not convenient，All must be heard by the province of Shen Shangshu; if you do not apply for，Play the bank，Two years of apprentice。"" "Actification of the Fa" is the manifestation of the thought of "caution"，Under the historical conditions at that time，effectively promoted the implementation of the law，Enhance the public’s sense of recognition of the law。

Current，Some staff of some judicial organs are reviewing the arrest、Review and prosecution、During the process of detention for review，No seriously reviewing the facts and legal specifications of the case，Often explanations are often made by category that is not conducive to criminal suspects，and expand the crime circle with blank crimes，The law that does not stipulate the law as a crime is identified as a crime，Then arrest、Prosecuting and detained suspects。For the above problems，First，It should be criticized by criticism、Disclosure and other accountability methods to correct the bet365 Play online games wrong concept of judicial staff，The basic spirit of the legal principles of criminal punishment to it，Guide judicial staff to establish the correct criminal judicial concept。Next，Improve the existing judicial staff assessment mechanism，Optimized assessment method，"Capture with Prudential Protection" as an important reference indicator for assessment。Last，Optimize the procedure of not catching or not.，Simplify the approval process，Improve the quality and efficiency of the case。

　　"Decision on evidence"

"Prove to convicted" means that the judicial officer should pay attention to collecting and using evidence when hearing the case。In terms of types of evidence，Including physical evidence、Documentary Certificate、Practice、Witness testimony、Examiner Call、Test and Appraisal、Divine Show and other evidence forms。Ancient China attached great importance to the evidence of oral supply，"Crime" is the primary rule of criminal evidence。"Draft of Qing History · Criminal Law": "Broken crime must take losses for confession。"means that the confession of the defendant must be convicted。Inspection and identification is also an important means of inspection evidence at that time，Documented in "Sleeping Tiger Qin Tomb Bamboo Slip"，Check the cow's teeth、Judging the age of the cow，As the basis for the final case。other，Judges will use multiple methods to review and judge evidence，For example, the "Five Listening" system in the Western Zhou Dynasty，expression according to the language of the perpetrator、Facial expression、Breathing reaction、Hearing reaction、Visual response to judge the true and false of its bet365 Play online games statement。When the evidence is not enough, it is difficult to determine that the actor is guilty，It should be preserved to be innocent or punished from light punishment。"Shang Shu · Dayu Mo": "Surprise is suspected to be light，Suspicious weight。Killing Lito，Ning Lost。""，It attaches great importance to evidence in ancient Chinese judicial practice，Some content has a certain reference significance for the improvement of the modern evidence system。

"Social Danger" is an important reference factor for judicial organs to decide whether to arrest the suspects of the suspect。According to the Supreme People's Procuratorate、The Ministry of Public Security's "Regulations on Several Issues of Social Danger Conditions (Trial)" Article 2、Article 3: "Public security organs investigate criminal cases，It should be collected、Whether a fixed criminal suspect has evidence of social danger; public security organs ask for arrest of the suspect，Evidence of the suspect that the criminal suspect should be transferred at the same time。"So，It is necessary to resolutely implement the concept of "evidence of evidence"。On the one hand，Through the improvement of the law，Clarify the connotation of "social danger"，Fine "social danger" situation，Help judicial staff better judgment; on the other hand，Establish a collaborative linkage mechanism。Public security organs shall submit evidence of social danger when they ask the procuratorate to approve the arrest，Procuratorate must perform supervision duties，Careful review evidence。For the lack of evidence，The suspect should be asked to take the initiative，Ask the victim if necessary、Witness。Finding illegal evidence，bet365 Play online games It should be excluded according to law，At the same time, the public security organs are required to re -obtain evidence。

　　"With peace as expensive"

"Well is expensive" is the social ethics principle advocated by Confucianism。In traditional Chinese litigation culture，"Survey and Better Fight，No lawsuit is "to desire" perfectly interpreted the ideas of "harmony as expensive"。"No litigation" is the value orientation of the ancient Chinese legal system，"Settling" is to achieve a litigation、Important means without litigation。The ancients thought，Faced with civil cases and mild criminal cases，It should be processed through mediation as much as possible，Consolidate the harmonious relationship between people。In the early Ming Dynasty，Establishing "Weng Pavilion"，Tips for folk disputes, the old man hosted，Mediation in Ming Pavilion。The mediation cannot be peaceful，Prosecuting the government again。Although there are various disadvantages in the post of the statement of the statement，But the "with peace as expensive，mediation priority "concept is still worthy of our inheritance。

Current，my country is improving the diversified solution mechanism of contradictions and disputes，Give full play to mediation、Arbitration and other non -compliance methods。In the process of implementing the policy of caught with prudential prosecution，Although the judicial organs carefully exercise the right to arrest and prosecution，But the victim sometimes thinks that this is indulgence，Only by arrested and prosecuted criminals can be able to punish strong punishment。So，The judicial organs shall establish a good communication and negotiation Bet365 lotto review mechanism with the victims as soon as possible，Pass to the victims of "peace as expensive" ideas，Detailed to the victims to clarify the reason not to arrest or not prosecute，Activating the mood of the victim，Further promotes the reconciliation of the parties between the two parties，Organic unity of realizing legal effects and social effects。

　(Author Unit: School of Law of Zhejiang Normal University)