The Determination Of "Social Risk" In Pre-Trial Detention

The social risk in pretrial detention refers to the prediction and risk assessment of the possible future behavior of the criminal suspect based on his previous behavior and his performance before and after the crime before compulsory measures are taken against him.The main content of social risk includes two aspects: on the one hand,the risk of crime,that is,the criminal behavior of the suspect itself,generally through the evaluation of the attributes of the behavior,the severity of the analysis;On the other hand,personal danger,that is,the attribute of the criminal suspect himself that is considered to be likely to endanger the society,is assessed through the specific performance of the actor and the performance in social relations,combined with his personality,experience and so on.According to the investigation of the author in district A procuratorate,the total number of cases in the hospital in 2017 was 217,among which only 28 were not arrested,5 were withdrawn,and the non-approval rate of arrest was only 12.9%.The data of other regional procuratorates are similar,so it can be seen that the application rate of pretrial detention in judicial practice is still very high,which has a certain impact on the protection of human rights.The extensive use of pretrial detention is very unfavorable to the protection of human rights of criminal suspects,and it must be restricted by strict consideration of factors including social risk.Therefore,in the work of reducing pretrial detention rate,the research on social risk is in a very important position.In 2012,the criminal procedure law and relevant laws and regulations stipulate the concept and connotation of social danger,which plays a positive role in controlling the excessive use of pretrial detention,protecting the personal freedom of innocent people from being deprived a nd safeguarding the right to defense of defendants.But the concept of social risk includes many different elements,and it is difficult to find a unified measure.Therefore,it is difficult to measure social danger correctly.At present,the problem of high custody rate and excessive number of detainees still exists.The review of custody in China cannot meet the needs of protecting human rights,which has a certain impact on the civilization of criminal justice in China.This paper analyzes it from three aspects and provides some ideas for improving the application of social risk in practice.First part of the data and case analysis as the guidance,which leads to the pre-trial custody and the present situation of the social risk in our country and made a brief overview of the connotation of the social risk,then from social risk in the criminal procedure law in the process of the evolution of the expression to sort out the relevant laws and regulations,in order to analyze our country in the legislation of social risk has been improved and still exist deficiencies.In the second part introduces the pretrial detention in our country social risk for the existing problems and causes,including the definition of social risk is fuzzy,the social risk review mechanism is not sound,proves that mechanism is not sound,lack of comprehensive social risk assessment system,as well as non custody compulsory measures the efficiency of the weakening of social risk factor for the impact of several aspects.The third part of the proposed problems from a clear definition of social risk,improve the review method of social risk,clear burden of proof,the implementation of social risk evidence proof system,improve the social risk assessment system,strengthen the non-custody mandatory measures supporting system put forward targeted solutions.