Judicial Cognizance Of Social Risk In Examining And Ratifying-arresting

Arrest,is adopted by the national judicial organs,in a certain time completely deprived ofsuspect's or defendant's personal freedom.The judicial organs take the coercive measures to prevent the criminal suspect or the defendant hinder the behavior of criminal procedure,like avoid investigation,prosecution and trial or implementation of anti-social behavior again.Arrest is the beginning of the lawsuit activity that is the basis of the investigation and the precondition of litigation to go smoothly.Using arrest correctly,Is the key to ensuring the lawsuit goes well.Risk in the arrest has three conditions,social conditions,conditions of evidence and social risk.The social risk condition depend on its subjectivity is not only difficult to define,but also hard to collect evidence,etc.Thereare many problems in academic knowledge and practical application.In 79 criminal procedure law,the necessary condition of arrestis defined vaguely as "necessary to be arrested" which led a lot of problems appeared in the process of practical application for the wider discretion of the procuratorial organ.In 2012 the new criminal procedure law,the social risk condition has carried on the elaboration,in 2012 the new criminal procedure law,the social risk condition has carried on the elaboration,ruling for five kinds of situations of social risk.However,the articles used more fuzzy words like " may""risk is..."etc.There are still many questions as risk meaning not clear definition,standard and neglect of evidence review and so on in the social risk.This article will discuss on examining and ratifying-arresting from the perspective of judicial cognizance in the social risk condition,analyzing the exist problems and seek a solution.This paper consists of five parts.The first part introduces the social risk condition of legal connotation,basic features,and the judgment methods.This part mainly adopts inductive method,which summarized the relevant factors on social risk based on the combining the actual.It's combined with the social environment in actual situation and the law,the second part discusses from the perspective of the criminal suspect,summarizing the influencing factors on size of the risk society.It's adopted with the theory combining with the actual and generalizations in this section.It's adopted with the theory combining with the actual and generalizations in this section.The size on social risk,to be more clearly identified social risk factors of examining and ratifying-arresting,we could through the understanding of the influence factors.We could through the understanding of the influence factors.These parts of the social risk conditions have a preliminary analysis and understanding,which lays the foundation for the later.The third part combined with working practice on the social risk of judicial determination of review of arrest,which discusses further about the deeper causes.This part mainly adoptsthe theory with practice method and deductive method.It lays a foundation on solution which precondition is the recognition about the problem and reason.The fourth part provides the solution to the exist problems from the perspective of cognition about the risks of social and judicial organs in both directions.This part mainly adopts the inductive method and theory combining with practice method.The third part andthe fourth part are the core contents of this article.With the hope of solution in both the recognition on social risk condition and the condition of review of arrest can be improved effectively?The fifth part is conclusion,mainly adopts summarizing method,to sum up the content of the mentioned above and a conclusion.