An Investigation Report On The Review Of The Social Risk Conditions In Arrest

As the most severe criminal coercive measures,arrest has important significance to the protection of national penalty right,maintain social order,and is also more profound for the accused of the basic human rights of intervention.The problem of long-standing high arrest rates in our country has important relationship with ignored social risk conditions;condition of social risk determines the quality of the case review of arrest,but also determines wether the arrest measures can play an active role in the criminal proceeding.To this end,social risk conditions in the 2012 criminal law are more specific.In October 9,2015,the Supreme People's Procuratorate and Ministry of Public Security jointly issued Provisions on Several Issues Concerning the Arrest of Social Risk Conditions(for Trial Implementation)(hereinafter referred to as Provisions),making specific requirements for the five kinds of social risk and proof.The legislative progress lets social risk conditions gradually to be refined,more operational,so that the problems in the practice was relieved to a certain extent,but can be solved.The implementation of Provisions also meets legal obstacles,and a series of difficulties need to be solved.This paper uses empirical research methods,investigating the places' procuratorates of practice and domicile,studying the status of implementation of grass-roots procuratorates of the Provisions,in order to analysis deep-seated reasons which problems and explore the problems in the review process of social risk conditions,and try to improve for the review and arrest provide suggestions.There are two thousand words in this paper,the text is divided into five parts,the main points are as follows:The first part is the introduction of the topic of the research report,also can be used as an introduction,this part is divided into two aspects: research significance and research methods.The research significance of studies the domestic scholars' perspective and achievements of social risks,expounding theoretical meaning and practical significance to researching social risk conditions from the perspective of Provisions,hoping to provide normative basis for prosecutors to make accurate arrest decisions.Among them,the situation of implementing Provisions as the starting point of the social risk conditions of micro research is the innovation of this article,which is easy to find new situations and solve new problems;the research methods introduce the social science research methods in this research report,including field research,data analysis,questionnaire and literature study.The second part is a basic overview of the Provisions.The social risk is the focus and difficulty in the work of the review of arrest,but the operation of legislation needs to be improved,resulting in the personnel procuratorial understanding of social risk conditions,unable to agree on which is right.Under this background,Provisions is final issued;Provisions not only makes a clear division that procuratorial organs have responsibilities of proving and public security organs have responsibilities of review and obligation of explaining,but also has great breakthroughs on the arrest operation regulations and social risk representation,greatly enhancing the objectivity of judgment of social risk conditions.The third part is the empirical analysis of the status of implementation of the Provisions.This part is the difficulty,and need to collect materials as comprehensive and objective as possible,in order to summarize the common problems existing in the judicial practice,and draw a more convincing conclusion,preparing for the following parts.Therefore,in the research field,the author reading case books,visiting the prosecution system,consulting relevant information summary and interview methods to collect infoemation of the R and X area in arrest review of social danger conditions.Through the graph statistical analysis,conclusion can be found that the implementation of Provisions plays a certain role in improving the quality of arrest indeed in 2015,but the effect is still far lower than expected.Prosecutors ignore the exclusion of no social risk conditions,the explain of social risk conditions is insufficient,and the way of review is single.In addition,the risk assessment mechanism is not complete and also result in deviate cognition of social risk.The fourth part analyzes the causes of problems in the examination of social risk conditions,is a transitional passage connecting the article.By teasing the arrest system and judicial practice,the author explores multiple reasons for the above problems,and put forward the corresponding improvement countermeasures.First of all,the unbalanced distribution of arrest rights in procuratorial organs leading that the procedure value of social risk conditions is neglected;secondly,the social risk conditions' objective nature and procuratorial personnel subjective uncertainty also determines the standard of proof is difficult to grasp,and the examination of arrest lawyers participation is low,prosecutors arrest assessment mechanism has limitation,all of these cause that social risk conditions is not accurate,and is difficult to improve the quality of arrest cases.The fifth part is the focus of the article,aimed at the problems in the review of social risk conditions,the paper puts forward some suggestions of practical and universal applicability.The author argues that we should clarify the social risk condition standard of proof as the advantage evidence standard,and accelerating open,litigation process through the establishment of the hearing system and effective participation of lawyers;finally the arrest assessment mechanism of social risk should be improved.Only rely on the legislation can not completely solve social risk review of issues,but the related system and measures also need to cooperate with.There are many things should done to cure the problems in the review process of arrest.