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社会危险性条件是适用逮捕措施的诸多条件中最具张力的一个,对社会危险性的审查裁量体现法律的个别性特征,具有一定的模糊性、伸缩性和任意性。在我国案件逮捕率高企的现状下,对不该逮捕的犯罪嫌疑人被批准逮捕大多是错误地判断了社会危险性,规范社会危险性的审查裁量成为规范逮捕权运行和准确适用逮捕措施的关键。一、社会危险性审查裁量之特征分析。社会危险性的审查裁量是一种程序上的裁量和选择,具有一定特征:第一个特征是客观现实性。社会危险性的审查裁量是依据已经发生的行为或事实对未来事实发生可能性的事前判断和预测,它
The conditions of social risk are the most strained of the many conditions for the application of arrest measures. The censorship of social dangers reflects the individual characteristics of law and has certain ambiguities, scalability and arbitrariness. Under the current situation of high arrest rate in our country, the criminal suspect who should not be arrested is mostly arrested for wrongly judging the danger of society and the censorship of social risk regulation becomes the key to regulating the operation of arrest power and accurately applying arrest measures . First, the social risk review of the characteristics of the discretionary. Review of social risk Discretion is a kind of procedural discretion and choice, with certain characteristics: The first feature is the objective reality. The review of social risk Discretion is a priori judgment and prediction of the probability of occurrence of future events based on what has happened