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Social risk identified in the judicial practice

Author: YaoHongTao
Tutor: LiChangSheng
School: Southwest University of Political Science
Course: Legal
Keywords: Arrest Danger to society Judicial practice Standards for Determining
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 43
Quote: 0
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Abstract


In judicial practice, the danger to the society determined the existence of a non-standard phenomena. To explore how social risk identified standard is consistent with the jurisprudence requirements and meet the needs of practice, I commenced the survey and case interview. Judicial staff behavior before the crime, the nature of the crime, and crime in the performance and attitude after the crime and the suspect's special physiological condition affecting social risk identified. In judicial practice, the judicial staff in there are highly subjective and arbitrary, one-sided emphasis on combat do not attach importance to the suspects social risk weakening factors affecting the the suspects social risk factors identified lack of comprehensive social risk identified grasp, do not fully adhere to the principles of \Reasons for the divergence in judicial practice, identified with the theory of social risk the social risk provisions is not clear, do not attach importance to the collection of evidence of danger to society, the special protection of minors is not well implemented and the protection of human rights the concept is not enough deeply rooted and other aspects. Refinement of existing laws on social risk judgments suspects identified standards, resulting in judicial practice, the suspect whether the size of the social risk, social risk mainly rely on the subjective judgment of the judicial staff. Need a judicial practice law, will have a \Proposed cooperation, judicial and administrative departments as a personality survey specialized agencies, judicial and administrative departments and public security organs and retrieval of the suspects by the public security organs in accordance with the needs of the judicial and administrative departments. The public security organs should strengthen the evidence collected to prove the suspects danger to society. Comment on the establishment of an independent body to assess the social danger of the suspect, the public security agencies in the investigation, the suspects and lawyers, the procuratorial organs center review mechanism, which is more conducive to accurately recognized the danger to the society, and the protection of suspects in criminal proceedings rights. In the design of the system, it is necessary to ensure that in the process of recognition of danger to society, to participate fully in the rights of criminal suspects, but also to ensure the danger to society identified suspects objection, apply to the judiciary of its danger to society to re Rate of rights. I suggest the establishment of a mechanism of re-evaluation of the danger to the society of the suspects, and the re-evaluation of the social risk of criminal suspects or defendants in the prosecution phase of the trial stage.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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