Social Risk Assessment Study On The Necessity Review Of Detention

The social risk review of custodial necessity review refers to all stages of criminal proceedings.The prosecution's use of non-custodial measures against criminal suspects and defendants in detention can prevent them from endangering society or impeding the smooth proceeding of criminal proceedings.Conduct a review to determine whether to recommend release or change of enforcement measures.The criminal suspect's social risk is in a dynamic change.Even if the criminal suspect is judged to be socially dangerous when scrutinizing the arrest,it will change with the subjective thinking of the criminal suspect,the settlement agreement,conviction and evidence gathering and other factors.Changes,their social risks have also changed.To review the social dangers of criminal suspects and defendants in custody due to arrest by reviewing the necessity of detainment,to eliminate social dangers in time,and to apply non-custodial measures to those who are not required to be arrested for arresting people in custody..The social risk review means that the procuratorial agency dynamically assesses and adjusts the application of measures to restrict personal freedom through the exercise of the right to supervisory litigation to protect the rights of detainees.It is the exercise of procedural authority's procedural rights.In the review of social risk,investigators of the procuratorial organs shall uphold the principle of proportionality,hold a strict attitude towards the application of pending custody,strictly limit the exercise of public power,and ensure that the exercise of public power affects the individual's rights at the same time.To protect human rights.It also reduces the rate of pending custody,saves judicial resources,follows the requirements of litigation economic principles,and optimizes the allocation of judicial resources.The social risk assessment should accurately and carefully grasp the connotation of social dangers,and accurately examine the review elements in the review,including personal risk factors and controllability control elements.The "Criminal Procedure Law" adds a custodialnecessity review system,but it does not provide detailed provisions for the contents of the system.Correct understanding and application should be analyzed from the relationship between the system and the examination and approval of arrests.The system is an examination of arrests and arrests.The continuation of the dynamic,so it is consistent with the criteria for judging the necessity of custody of detainees and the criteria for the review of arrests,the criteria for social risk assessment should also be consistent,the same review of social hazards in the custody of necessity review Important position.Defining the principles,connotations,review standards,and important status of social risk review compliance are the theoretical prerequisites for ensuring effective social risk review.Judging from the operation of judicial practice in the review of the necessity of custody,the application of custodial necessity review is at a relatively low level both in terms of the absolute number and the proportion of arrests.The analysis of the assessment of social risk assessment mainly stems from two reasons: First,the reduction of the appropriate source of the review of the necessity of custody.In order to increase the rate of arrests,investigative agencies adjusted the conditions for arrests on their own.In many socially less dangerous cases,the investigating authorities directly made decisions such as taking bail pending trials and other non-custodial measures,resulting in the cases that were approved for arrest.The lower proportion of cases with low risk has led to a reduced likelihood of the application of the system,and the number of review cases that are necessary for custody is small.Second,there is a lack of scientific social risk assessment methods,and there is a predicament in the judgment of social risk.This is the main reason.The expression of social danger adopts the expressions of "possibility" and "attempts".It is difficult to grasp in judicial practice.The responsibility for misappropriation in the appraisal of apprehension is obviously greater than the responsibility for wrongful appropriation and defective case quality.Therefore,under the condition that the review criteria for the custody reason are not clear,and the social risk judgment is uncertain,based on the consideration of circumventing the risk of prosecution,the pressure on the investigators to adopt non-custodial measures through custodialnecessity review is very high,and the incentive for application is high.not tall.The establishment of a scientific and effective social risk assessment method will be of great benefit in solving the operational problems of the system and improving its operational effectiveness.There are currently two methods of social risk review in China: First,quantitative assessment methods.Quantitative assessment means that the factors related to custody are scored according to certain rules,and then the necessity of custody is judged according to the score.This method was widely adopted by the practice department and a social risk assessment form was made,but there are still deficiencies in science.The setting of evaluation items,assessment factors,risk values,and evaluation criteria values used for comparison in the custody necessity review table still depends on the accumulation of work experience of the production personnel of the custody necessity review form.Which items and factors should be included in the review of social risk assessment,which should not be considered,how much a certain factor has impact on social risk,how many scores should be given,how should the assessment criteria value be set,It is appropriate to determine how much,from a practical point of view,there is no statistical data support,the subjective impact still exists;the second is to build a quantitative evaluation model.By quantifying the size of various risk factors and the magnitude of their forces that hinder the smooth conduct of litigation and the continued criminal violations,the use of statistical methods to calculate the probability of detainees in the free state hindering the smooth proceeding of litigation or the implementation of illegal crimes,and to determine whether there is a need for arrest The basic conclusions.The evaluation of social hazards through the construction of evaluation quantitative models is correct but deviations apply.It is the confusion between the "actual" feature of the Logistic regression equation and the "ought" requirement in the review of the necessity of detention,and it cannot achieve the purpose of scientifically accurately assessing the social danger of criminal suspects and defendants.The determination of social risk assessment methods should be based on relevant experience abroad and domestically.The study of the pre-trial risk assessment modelof the US Department of Justice and the statistical methods used in the research on the risk assessment of recidivism committed by the release personnel of the prison sentence make the conclusions based on scientific and rigorous data.The scientificity,accuracy and objectivity are obtained.Protection.China should build on its advanced experience,establish an independent judicial data statistics agency,further strengthen and improve China's judicial data statistics,build a quantitative assessment model for China's social risk assessment,and revise regulations on arrests by the Minhang District so as to broaden social risks.The scope of application of the review.