On The General Condition Of The Arrest Of Danger To Society

Social risk in general arrest conditions, seems that it cannot be explained clearly whatever the law explains, based on the concept of excessive abstraction. Therefore, it’s difficult to grasp in practice. So there is a serious of problems of the application of the arrest system in our country. Excessive discretionary space means the seriousness of the phenomenon of disorderly catching. It’s necessary to discussed on this issue in theory again, based on the combination of the understanding of the law and the application of law in practice。Seeking the reasonable judgment benchmarks of Social risk in general arrest conditions at the same time. Based on the analysis above, this paper discusses the social risk in general arrest conditions. The text is divided into three parts:The first part is the analysis of social risk in general arrest conditions. Arrest is an important compulsory measures in China’s criminal litigation, is the most severe coercive measures also. The consequences of the arrest is equivalent to the consequences of punishment to a certain extent, due to the close ties between arrest and detention. However, there are many application problems in practice, and all this is the result of that social risk judgment is difficult to grasp, and that the judgment has a lot of subjectivity.The understanding of the concept of social risk must be based on a background of the Criminal Procedure Law and the characteristics of the concept itself. Personal dangerous and harmful to the society provides a direction for the understanding of specific meaning of the social risk.We can say that personal dangerous and harmful to the society is the different sides of the social risk. The content of the personal dangerous and harmful to the society both provide a reference for Social risk. Moreover, the theoretical basis of personal danger and harmful to the society also can be used as a theoretical framework of the dangers of society.The second part is the specific cognizance of social risk. This part starts with the prove of risk society, At the same time, we take "People’s Procuratorate Rules of Criminal Procedure," as a reference. Then, analyzing the specific factors of the judgment of social risk. From the relationship between the "evidence" and "evidence" and the distinction between "attempt" and "trying",this part intents to get more clear understanding of "possible" for risk society. To coupled with the understanding of different situations and the rules of "People’s Procuratorate rules of Criminal Procedure", we can analyze the crux of the problem of social risk.The three IV is the three-dimensional conformation of the cognizance of social risk. For the cognizance of the risk for social,we try to to establish a new framework, In the case of Persisting in Ideal objectivity and completely excluding the content of subjectivity cannot received a good result. The new framework is the three-dimensional conformation of the cognizance of social risk:Since we must take human rights and the judicial cost into consideration, we can establish a multi-layer classification method and the two-way explain rules. Through the rules of recognition of social risk, we can achieve the goal of reasonable regulations to arrest application under the guarantee of the content space of social risk.