Social Risk Identified In The Judicial Practice

Social risk in judicial practice is not standard. To investigate how social risk standard conforms to the legal requirements and meet the practical needs, the author carried out a questionnaire survey and case interviews. Judicial personnel thinks, before the crime, the nature of the crime, the crime behavior in the show, after the crime suspect and the attitude of special physiological status and influence social risk identification. In judicial practice, the judicial staff in social danger when determining the subjective randomness, one-sided emphasis on combat does not take the crime suspect social risk factors, weakening of the suspect social danger identified factors are lack of comprehensive grasp, not fully adhere to the " open favorable to the defendant," the problem such as the principle. In judicial practice, the social risk identification and theoretical deviation cause danger to the society the stipulation is not clear about, do not pay attention to social danger of evidence collection, the minor special protection to well implement and guarantee of human rights idea enough to win support among the people and other aspects.The current law on criminal suspects social risk judgment without detailed standards, caused in the judicial practice, criminal suspect has no social risk, social risk size mainly rely on the judicial personnel's subjective judgment. In the judicial practice need a law, will have a" social danger" are explicitly listed, so as to provide a clear legal basis for law enforcement, but also can prevent the judicial personnel arbitrary expansion of" social danger " explanation. Recommendations will be the administrative department of justice as the personality survey of the specialized agencies, the administrative department of justice and police cooperation, suspects related information by public security organs under the judicial and administrative departments of the need to obtain.The public security organs should strengthen the collection of prove the criminal suspect social dangers of evidence. On suspects' social risk establish an independent assessment, public security investigation, criminal suspects and lawyer commented, procuratorial organs center review mechanism, thus facilitating the accurate identification of danger to society, protect the suspect 's rights in criminal proceedings.In the system design, both to ensure the social risk during the process of determination, the suspect to participate fully in the right, but also to ensure the social risk recognition, the suspect objection, to apply to the judicial organ for its social danger to reassess the rights.The author proposed the establishment of a suspect social dangers of review mechanism, in the stage of review and prosecution, trial of the suspect, the defendant 's social danger intervals.