The Research On Proving Mechanism About Social Risk In Arrest Examination

With the new criminal procedure law officially issued and implemented, the condition of social risk becomes the essential condition of the application of arrest measure. As the key of the social risk condition, the social risk decides the application of arrest measure, and affects the balance between the fight against crime and assurance of human rights. The reason is that the social risk itself is the behavioral possibility of harming society or hindering the process of penal litigation, which causes that the social risk condition becomes the most uncertain one in the condition of the application of arrest measure. Under the present performing of the proving mechanism of social risk, the function shows not well, which reveals the importance of the more scientific and reasonable proving mechanism of social risk. So this paper research on the proving mechanism of social risk, based on the carefully analyzing current condition of our country, learned from the experience of outside country or regions, further explored specific measure to improve the function of the proving mechanism of social danger.The whole text is divided into four parts expect the introduction and the concluding remarks:Part one is the basic problem about the proving mechanism of social risk. In order to have a clear cognition of social risk, the author firstly explains the social risk in the arrest examination, and makes it clear that social risk can be proved, then describes the relationship between social risk and the necessity of arrest.Part two is the current proving mechanism of social risk in our country. As the sample of S city of G province, this party mainly explains the problem that the function of proving mechanism is limited, from the perspective of the internal factors and effect operating in the process of the proving mechanism of the social risk.Party three is the analysis of the reason about current effects of the proving mechanism:(1) lack of perfect legislation;(2) the policeman and procurator is lack of proving consciousness of social risk;(3) the determinant factors of social risk is toocomplex;(4) the decision process of social risk is not scientific and reasonable;(5)lack of supervisory mechanism.Party four is the measure to improve the function of the proving mechanism of social risk:(1) legislator should make the legislation perfect;(2) the policeman and procurator have a clear cognition of the importance of social risk;(3) establishing the assessment mechanism of social risk;(4) introducing the hearing process in the proving mechanism of social risk;(5) perfecting the system of arguments;(6) playing the role of the supervisory mechanism.