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外来人员是城市建设的主力军,但外来人员犯罪成为一个不容忽视的问题。在外来人员犯罪案件中,司法机关因为外来人员流动性强的因素,为了保障诉讼的顺利进行都对涉嫌犯罪的外来人员采取逮捕措施,其中还包括了一些轻刑案件。在构筑和谐社会目标指引下,司法机关应当转变司法理念,以轻缓刑事政策为指导,对涉嫌犯罪的外来人员慎捕少捕,同时积极探索建立与轻缓刑事政策相配套的制度,对外来人员多采取除羁押之外的强制措施,既体现刑事违法惩罚性,又体现教育挽救精神。
Migrant workers are the main force in urban construction, but the crime of migrant workers has become a problem that can not be ignored. In the crime of migrant workers, the judiciary, due to the strong mobility of migrants, has also taken arrests of migrant workers suspected of crimes in order to ensure the smooth progress of the litigation, including some light punishment cases. Under the guidance of the goal of building a harmonious society, the judiciary should change the concept of the judiciary, take the moderation of criminal policies as a guide, carefully arrest and arrest less-than-caught foreign personnel and actively explore the establishment of a system that is compatible with the criminal policy of moderation. More personnel to take coercive measures in addition to custody, not only reflect the punitive criminal law, but also embodies the spirit of education and rescue.