A Study On The Conditions Of "Social Danger" In Censorship

Social risk is an important reference to examine whether the arrest is judged necessary to arrest suspects. In 2012, the Chinese Criminal Procedural Law sets out five specific social risk circumstances, offering the guidance to identify the social risk on the examination system on arrestment. However, it is an unpractical status for suspects being identified whether they have social dangers or not in judicial practice, and the status quo of China’s high rate of arrests has not been significantly improved. The above mentioned problems are largely caused by our absence of the concept of modern litigation, the obscure provisions of social risk, lack of social risk proof system and other reasons. How to balance both human rights protection and crime control on the examination system on arrestment, then further reducing our arrest rate? The writer believe that this problem can be solved by a review of the conditions of "social risk" on the examination system on arrestment at first, and then building a scientific and comprehensive social risk assessment system under the circumstances of fully reviews of the factors influencing the social risk. Through the scientific and comprehensive assessment of social risk, it can identify the suspect whether he or she is necessary to arrest or not, so that reviewers can make the right decision of arrest. Thus, it can ensure the smooth conducts of the proceedings, as well as effectively protecting suspects’equities, then achieving a balance between human rights protections and crime control in criminal proceedings.