关于新刑诉法中社会危险性规定的思考

Thoughts on the Regulations about Social Danger in the New Criminal Procedural Law

新刑诉法出台后,学界及司法实务界对其展开了热烈讨论。其中对于社会危险性的细化规定被视为尊重和保障人权、降低审前羁押率的重要举措。但是通过考察我国司法实践中逮捕必要性的相关规定,以及结合我国司法工作的实际情况来看,试图仅仅依靠该规定来降低畸高的审前羁押率是不大现实的,还必须建立一系列的工作制度进行配套完善。

After being published, the new criminal procedural law has aroused great attention and heated discussions in the academic and practical field of justice. Thereinto, the specific regulations about social danger were regarded as important measures which would respect and ensure human rights as well as reduce pretrial custody rate. However, through viewing the related regulations about the necessity of custody in the judicial practice in Chi- na and considering the reality of Chinese judicial work, it is not practical if people try to reduce the excessively high rate of pretrial custody merely depending on these regulations. A series of working mechanism should be established to suit and nerfeet the work.