An Empirical Study On Social Risk's Proofing In The Review Of Arrest

In China,the arrest is a long-term restriction on the personal freedom of criminal suspects.Due to the old ideas of criminal procedure and the tradition of handling cases,etc.,the pretrial detention rate remains high and the human rights of criminal suspects are seriously violated.At present,most of them focus on researching the social riskassessment system to grasp the social risk elements.You can try to build a system of social risk proof systems,use empirical research methods to find problems,compare research methods to solve problems,and integrate classic theories of logic and other disciplines into the proof of social risk.You can enrich the arrests research theory,and provide a new entry point for the judicial review of arrests and enhance the operability of judicial practice in order to achieve a balance between the two major lawsuit goals of the Criminal Procedure Law and the protection of human rights.Focusing on the topic of the proof of social risk in arrests,we will discuss the following three aspects.First,it introduces the theoretical basis of social risk.From the standing of social risk in the criminal procedure law and the multi-faceted interpretation in the theoretical and practical circles,to determine what the social risk studied in this paper is.Analyzing the characteristics of social risk demonstrate the feasibility of constructing the proof system,and the principle should be upheld in the judicial practice is emphasized.Second,an empirical study of the proof of social risk in the review of arrests.Begin with the normative empirical study from the legal system level,and then the understanding and analysis of the reality of the social risk proof in the judicial practice.The data foundation is based on the author's inspection of the arrest work of the People's Procuratorate in the S District of Q City.Third,reform of litigation model of proof of social risk.Mainly borrowed from the foreign legislative system and judicial practice,and based on the problems found in the previous empirical research,under the concept of trial as the center,it will be solved in a systematic process-based program structure.Because social danger is the core element of arrest,the actual conduct of the review of the arrest procedure is also centered on the proof of social risk.