Social Danger For Arrest On The Review Standard Of Proof

In Chinese criminal law,arrests as the most severe coercive measures,if applied improperly infringe upon human rights,so research is particularly important to arrest. 2012 the social danger of the revised criminal procedure law will arrest criteria divided into five situations,its arrest review has many positive effects,but look at the effect in three years,there are still many unsatisfactory places.In view of the arrest "social danger" condition to grasp key point is a scientific application of arrest measures of constraint, based on the perspective of the new criminal procedure law article 79th,combined with confusion in judicial practice,analyze the causes,and put forward suggestions,with a view to perfecting the arrest review "social danger" standard of proof.The first part,summary arrest review "social danger" analysis on the connotation and characteristic of the condition.From "social danger" the logical and legal connotations,and then its external reality,complex,the relative certainty of the characteristics to be described,and through the social harm,personal danger, subjective analysis of concepts such as malignant,"social danger" more intuitive cognition.The second part studies arrest review "social danger" standard of proof meaning.A clear "social danger" connotations and characteristics.through the analysis of two legal systems concerning the arrest "social danger" standard of proof and demands,then China's criminal procedure law on "social danger" set evolution study "social danger" standard of proof meaning.The third part,which analyzed the current arrest review "social danger" problems in the proof. Since the implementation of the revised criminal procedure lawjudicial practice related cases on the basis of "social risk" real meaning is not clear,the provisions there confusedjudgment not been unified with the ruler,"social danger" proof problems exist in root cause analysis.Part four,arrested in review "social danger" standard of proof to determine. For solution practice in the "social risk" proved in the exists of problem through respectively listed General arrested,and diameter line arrested and the turned catching in the "social risk" of proved standard,and outsiders modus operandi,and common crime,and "petition" case,several special case Xia "social risk" of evaluation problem,combined not has "social risk" of actual status,from different angle on arrested review in the of "social risk" proved standard for analysis. Comprehensive assessment system,and "social danger" proof,open review system and evaluation system of construction,"risk to the public" the transparency of the conditions identified,public justice.