On The Determination Of Social Danger In Obtaining Bail Pending Trial

Under the background that all countries in the world actively advocate human rights,how to maximize the protection of civil rights equality and freedom,especially the rights of criminal suspects and defendants,has become the focus of attention of all countries.China's Criminal Procedure Law also incorporates the basic principle of protecting human rights.In every link of criminal procedure,especially in criminal compulsory measures,it gradually emphasizes the protection of the equal rights of criminal suspects and defendants,a vulnerable group.However,in judicial practice,the bail pending trial system,which demonstrates the spirit of human rights protection,has not been taken seriously.The main reason for the high detention rate and the low application rate of bail pending trial in China is the insufficiency of recognizing the social danger in bail pending trial.Although China's newly revised Criminal Procedure Law in 2018 and the Quality Standard for Examining and Arresting further clarify the identification criteria of social danger,most of them use relatively vague words such as "possible",which leads to the lack of uniform and objective identification criteria for social danger by case handlers,and makes the relevant legal provisions fail to achieve the desired practical effect.This article centers on the main line of recognizing the social dangerous conditions in the bail pending trial.The first chapter briefly introduces the academic debate on the definition of the concept of social danger,distinguishes it from other related concepts such as personal danger,clarifies the connotation of social danger,and analyses the effect of social danger on reducing the detention rate.The second chapter is based on the current legislative situation and judicial practice of our country,interprets the criteria for determining social danger in relevant laws,summarizes the judicial ideas,judicial system and personal factors that affect the identification of social danger in practice;the third chapter mainly analyses the shortcomings of the identification of social danger in our country at present,and points out its judicial system and judicial system.Resources and the negative impact of criminal suspects and defendants;Chapter IV draws lessons from the measures taken by foreign countries and Hong Kong,Macao and Taiwan regions inidentifying social danger,and finds out the experience that can be used for reference;Chapter V puts forward corresponding suggestions to improve the identification of social danger from two aspects of judicial system and practice,and puts forward the establishment of social danger proof mechanism,evaluation mechanism and other mechanisms.To quantify the assessment of social danger,in order to make the criteria for determining social danger more objective and the procedure more just.Our country is in the great environment of judicial reform.How to improve the criminal compulsory measures and protect the legal rights of criminal suspects and defendants has naturally become the focus of attention in the legal circles.As the key factor of the application of bail pending trial,it is of great significance to refine its identification criteria for perfecting the bail pending trial system.In this paper,the identification of social danger in bail pending trial is studied in depth,hoping to improve the identification procedure of social danger,provide a clear legal basis for law enforcement,and reduce the subjective assumptions of judicial personnel.In the long run,it can improve the application rate of bail pending trial,reduce judicial costs,and further promote the democratization,scientificalization and rule of law of criminal procedure.