Abstract: Criminal Procedure Law lays specific regulations about the conditions and procedures of arrest.But due to the lack of effective judicial review and judicial remedy approaches，arrest is now over used and even becomes a necessary procedure of criminal prosecution rather than an exception sometimes.Improper arrest is highly likely to break the time limit of prosecution，to encroach human right of the suspect，and to result in state compensation.Therefore，establishing risk management system，strictly follow the regulations of conditions applicable to arrest will significantly reduce the risk caused by improper arrest and will contribute to judicial justice.

Key words: arrest, detention, criminal procedure, danger to society, human right, state compensation