The Study Of Preventive Detention’s Applicable Conditions

The section 79 th of China’s Code of Criminal Procedure Law in 2012 refine and distinct arrest conditions,establish two social dangers related to “likely re-offending”,this modification is the sign of “observing according to the law” for our preventive detention system. However, because imperfect legislation and supporting judicial interpretation failed to follow up. In the judicial practices, the arrest conditions with the purpose of preventing crime are applied arbitrarily,which obviously opposed to the criminal justice concept of respecting and protecting human rights in our country.The article, with applicable conditions for preventive detention as objective,exploring the two social dangers’ judgment standards which are applicable to preventive detention in the censorship and arrest procedures.Combing the status of China’s current judicial practice with the reference of foreign legislation and changing the old perspective of the current status of abusing preventive detention,intending to scientifically regulate the application of preventive detention under the model that existing system of detention don’t have specific legislation.The article is divided into four parts:he first part is the analysis about applicable situation for the preventive detention, analyzing the reason that the current rate of preventive detention is extremely high;the second part is the comparative analysis of chinese and foreign legislation, seeking reference meaning of foreign countries’ legislation by the analysis of our legislation’s defects; The third part is the standards for censorship and judgment of “social dangers” in the procedures of censorship and arrest,presenting each province’s leading standard and standard value judgment; fourth part is the complete set of system, proposing relevant legislative, judicial suggestions to solve the existing problems.