Review The Arrest Of Social Risk Assessment

The arrest of coercive measures in China's criminal proceedings has a strong severity,the suspect was arrested directly after the restrictions on personal freedom and a longer period of pretrial detention,if not properly used,the basic human rights will be Great invasion.In the "Criminal Procedure Law",the five specific social dangers of arrest in our country are further elaborated in the way enumerated,which further enhances the judicial applicability.But the terms of the large number of "attempt","may" and other abstract words,making the social risk criteria appear uncertainty and subjectivity,seemingly specific and detailed terms,not to the practice of judicial handling personnel A relatively specific operational standards and handling guidelines,the size of the suspect's social risk and the need for arrest can only rely on the case of the contractor has been aware of the subjective judgments,which is extremely detrimental to the improvement of the quality of arrest and civil rights The protection.Therefore,this article on the relevant provisions of the Criminal Procedure Law,the social risk of the legal connotation,legal elements,judging standards and proof of responsibility and other content in the judicial practice of how to understand the depth of an in-depth analysis,and focus on China's current review of arrest in the community Dangerous conditions applicable to the existence of the law enforcement practice behind the concept of proof of the standard is not perfect,the limits of the limitations of the trial and other practical problems,try to put forward the quantitative criteria,improve the certification system,listen to multi-party views,The measures to ensure the quality of arrest,reduce the rate of arrest,reduce the unnecessary arrest,and thus achieve the protection of human rights and the crime of combating the balance of crime,in order to better improve the quality of arrest,To achieve the goal of judicial justice.