The Research Of Social Risk In The Arrest

The arrest means the custody, in the fight against crime and the protection of human rights to achieve a balance between the need to carefully consider the application of measures, the current criminal procedure law to arrest the necessary conditions for refinement, improve the operation of the review, but with the judicial practice needs and great distance.Social risk arrest is the basis of the review of arrest necessity, social risk is according to the provisions of article seventy-ninth of the criminal procedure law which has become, whether the investigation and arrest necessary. The arrest is intended to control the social danger, from arrest essence, arrest control social risk refers to the risk again the crime and convicted of serious crimes need to be controlled, and hinder the smooth progress of the litigation risk. If you have more than three social risk, it is necessary to arrest it; if not, you do not need to use the arrest measures. From the legal provisions can be pushed, arrest is the exception, bail is the norm, not just arrest bail control of social risks before use, namely the social risk of arrest can not only to non. Therefore, social risk becomes the key of reviewing arrest necessity, social risk has no big or small is the only standard for arrest measures.The provisions of the criminal procedure law should be arrested cases include three categories, namely the arrest, arrest and to arrest. The condition is clear, the social danger, need to arrest this case. That directly to arrest for breach of bail, residential surveillance duty and deems it necessary to arrest the two paragraph. The conditions of arrest, because the law is more specific, freedom of discretion in practice, does not involve the "social risk" condition evaluation, therefore not discussed in this paper. The procuratorial organs approved the arrest of general review, research in social risk arrest conditions are examined, in order to arrest the help, promote the arrest measure more accurately and effectively, to comply with the principles of the rule of law and human rights protection.Social risk refers to the possibility of criminal suspects’ obstruction of criminal procedure and criminal procedure, including the three aspects:the possibility of continuing crime, the possibility of active non performance of criminal litigation, the nature of the crime, the social risk is the important criterion to distinguish between the crime and the crime, social risk is the key to approve arrest.In terms of the legal nature of the five kinds of social hazardous conditions, the use of the statutory provisions of the law, the use of the legal provisions of the law, and the relative abstract, specific operational difficulties. The investigation is not high, not high quality of evidence collection and analysis of evidence collection and analysis of social risk, not high quality evidence collection and analysis. The investigation is not high. The investigation is not high. The evidence is not high. The investigation has been made. It is difficult for each case. The case is difficult. It is a judgment of the social risk of the procuratorial personnel.Foreign social risk for reference, at the time of the arrest shall be considered dangerous to society, and there are specific provisions. Review of risk society, most countries uses writ doctrine of judicial review, by the judge in the middle of hearing, the police and the criminal suspect and the lawyer scene opinion. Regardless of the subjective evaluation of evidence or objective proof, are required to have reasonable in that consistent with the arrest of the social risk conditions.Improved our country arrest in danger to the society review, first of all to scientific delimit social risk standard, issued a judicial explanation for the practice, to strengthen the protection of human rights, adhere to arrest a double value pursuit. Secondly, the investigation organ to make arrests quality, more comprehensive collection of social danger of evidence materials, pay more attention to the social risk of reasoning, improve the detection level does not depend on the arrest. Again, the procuratorial organs examine arrest do each case must news, active communication with counsel, told the rights of victims, listen to various views. Subject to public review, establishment of the hearing system. Construction of criminal suspects, victims do not report the arrest decision the relief system.