A Study On The Determination Of Social Hazard In Arrest Examination

In the process of arrest examination,social risk plays an important role.To a certain extent,the determination of the social risk of criminal suspects determines whether the arrest is necessary or not.The current Code of Criminal procedure classifies social danger into five cases in an enumeration manner,which provides a reference standard for judicial personnel to judge social hazards,although the legislation has tended to be clear.However,due to the vague and abstract nature of the social danger itself,there are still various problems in practice,and the current situation of high arrest rate in China has not been significantly improved.In 2015,the Supreme people's Procuratorate and the Ministry of Public Security jointly issued The provisions on the conditions for arrest of Social Hazard(on trial),which subdivide the five cases in Article 79 of the Criminal procedure Law into 24 cases again,leading the way for judicial staff to examine the social danger of criminal suspects.It provides a certain reference standard,but because of its inexhaustive enumeration and the expression of fuzzy words such as "possible",it is still difficult to identify the social danger in practice.Different understanding of social hazards results in different regions and different organizations.Because the social danger is very controversial in practice that it is difficult to identify it,so this article starts with practice,combines the theoretical research,and carefully studies the problems of social danger in the process of arrest examination in the form of case study.It is embodied in the hypocrisy of social risk identification,the lack of unified standards for social hazard identification,the lack of unified identification procedure,the investigation of its causes,the neglect of social danger caused by the influence of the concept of "constitution of crime is arrest";The weak awareness of human rights of procuratorial personnel leads to a lack of attention to the social danger,and the unscientific mechanism of professional evaluation results in the procuratorial personnel not having time to consider the identification of social danger and so on.Then put forward the corresponding countermeasures to the problem,including efforts to change the concept of "construction of crime is arrest",strengthen the concept of human rights protection and procedural justice;adopt scientific identification method to identify the standard;unify the identification procedure.Perfect identification system;improve business assessment mechanism,improve the professional quality of examiners and so on.These suggestions can reduce the difficulty of social risk examination in judicial practice,reduce the phenomenon of false arrest and excessive arrest,and implement the judicial policy of combining leniency with severity and the constitutional idea of respecting and protecting human rights.It is helpful to protect the legitimate rights and interests of criminal suspects,to make use of the judicial resources effectively and to achieve the unity of legal benefit and social benefit.The perfection of social risk determination not only makes the practice more feasible,but also makes the theory of criminal procedure more abundant.