The Judicial Judgment Of The Social Danger In The Conditions Of Arrest In China

Arrest is the severest criminal compulsory measures, it is to punish crime and protect a protective layer of the society, which is the most easy to human rights violations of a double-edged sword, therefore, to arrest measures all have clear rules. Signed in our country has joined the United Nations international covenant on civil and political rights, as well as in combination with judicial practice experience, the new criminal procedure law revised in 2012, aims to improve the shortcomings in the process of arrest. New criminal procedural law elaborated the general risk arrest conditions in the social situation, give the judicial staff of further concrete cases, has been clear about the work mentality, high rate of domestic judicial status quo for arrest is of great significance. But promulgated after the judicial practice shows that the social risk of five kinds of situations, do not get effective implementation, there is general danger rules can be evaded arrest conditions in the society, the social risk of judicial judgment is still difficult.This article is divided into four parts. The first part mainly wrote the introduction, in view of this article selected topic background, the research scope, research method is presented, for the convenience of the reader of this article have a intuitive understanding of integrity. The second part mainly wrote overview of arrest and social risk, definition of arrest and social risk and its characteristics are introduced. The third part mainly discusses the dilemma of social risk judicial judgment in the judicial practice, combined with some cases data and expounds the current our country faces all sorts of trouble, and according to these situation, the author try to find the root cause and try to catch the problem. Summarized as follows:practice, review to determine the risk society, government agencies around the regulations about the risks of social understanding is differ, prove difficult problems of catching different phenomenon, connection with the public prosecutor authority when he worked in arrests by the internal assessment and working standard "arrest, to protect" and "evidence conditions, social conditions risk" problem, due to the limited judicial resources and case brought by the inertia of the professional concerns lead to ignore the social risk of long-term review judgment of reality, the procuratorial organs’ coordination, supervision and lead to ignore the problems about the risks of society, the social risk review work is problem, our citizens to arrest the lack of understanding and improper habits lead to aggravate the judicial organs to solve the problem about the risks of social indifference. The fourth part combine our country judicial present situation, in view of the social risk of judicial judgment, the author briefly discusses some feasible Suggestions, to achieve the balance of the judicial efficiency and human rights protection. The author enumerates the typical and often involves the influence of the social risk factors, made a quantitative analysis of risk assessment of the social system, to strengthen the maneuverability of the social risk, reduce the discretion of judicial organs; For judicial organs within the appraisal way and case index, based on the situation of our country, the author puts forward some substantive changes, in order to reduce the interests of the individual driver in system with increased the gap between the professional ethics to remain a little power, so as to further increase the proportion of social work in arrest dangerous; The author through perfecting the enforcement measures of custody, effectively relieve arrest for the reality of the helpless, so as to further strengthen the integrity of the social risk judgment; For inspecting organs on the arrest of work supervision does not reach the designated position, the author the social risk of the burden of proof should be definite, and effectively strengthen maneuverability of social risk; The author suggested that by adjusting the focus of the social risk review work, make up for the social risk review work on legal loopholes in time; Citizens in China to arrest the idea still stays at the level of the constitutive sin is catching on, the author suggested that change the understanding of arrest, enhancement of the citizen’s legal quality, effectively improve scientifically the way to solve the problem of justice, the largest extent, safeguard the criminal suspect or defendant’s right to personal freedom.