Study On The Social Risk Conditions Of Arrest

Although the criminal procedure law of PRC 2012 has provided a good guidance on the form of the basic law of five kinds of legal situation about the risks of social practice and effectively optimized the judicial operating space,social risk conditions don't give the clear definitions on problems of the evidence of risk society,procedural protection.In addition to the public security organ for lack of activity on the social risk proof collection,in the process of judicial practice,according to the scope of discretion of the investigators is too big,and review the arrest process,review and analysis of the risk society is not optimistic.So high arrest rates in reality does not reduce,the existence of this kind of situation things with domestic long-standing compose sin that capture enforcement concepts related,both with the judicial organs for social risk condition itself,review standard not perfect there are closely related.In the process of judicial practice,how to accurately understand the social conditions,risk and make further perfect,under the current legal environment to solve the contradictory between existing operations,and construct the objective and accurate examination,certification program,is a need to agree with long-term practice of the whole field.Based on this,this paper tries to focus on the study of social risk condition of arrested applicability in the criminal procedure law of PRC 2013 and further grasp to define the social risk conditions,the related issues and the causes of potential operating level by analyzing the basic problems of social risk conditions on the basis of the actual connotation,nature and necessity of dangerous conditions.The paper put forward the corresponding improvement countermeasures and suggestions,in order to contribute their own power through the research,for the social risk conditions shall be applicable to the real mechanism perfect.