The Research Of Social Fatalness Of Arrest In China

Arrest as the most severe kind of coercive measures, once it is wrong, the arrestedperson’s life will be influenced immeasurably. Criminal Procedure Law is revised in2012,refining the conditions of arrest, however, the situations of social risk is enumerated with"may". Examiners determine whether the degree of social danger of arrest is necessary toachieve still have great room for discretion, it can not fundamentally improve the status ofthe high arrest rate, effectively protect the human rights of criminal suspects.Firstly this thesis introduce the legal connotation and characteristics of social danger,so that readers have a general intuitive understanding; Then analyze the problems, as themeaning of social danger is not clearly defined, the content of evaluation is not uniform,the operational level is confusion and reviewing the evidence is useless. Further the articleanalyzes the reasons for these problems, including the social survey system is imperfecton arrest stage, evaluation is unscientific and influence of traditional ideas. Finally, thischapter describes the factors affecting social danger from abroad. By improving the socialsurvey system, Establish two-way social danger reasoning system, certification system,establishment of a social survey database and other methods, Simultaneously, learning thetheory and practice of foreign-related outcomes, using related knowledge of sociology,psychology and criminology to considerate and judge whether social danger of Suspectsmeet the requirements of arrest. By this information, the author put forward valuablesuggestions about ignoring the need to review the arrest and should be arrested withoutcatching, ought not to arrest and capture, to perfect Arrest System, ease the currentsituation of high arrest rate, practically protect human rights and realize judicial justice.