论文部分内容阅读
逮捕适用率畸高是以往逮捕制度在司法实践中出现的一个突出问题,造成这种情况与逮捕条件规定过于笼统模糊有关,也和侦查机关提请逮捕时只注重构罪证据,在提请逮捕时仅移送构罪证据有重大关系。检察机关侦查监督部门为了求稳、降低风险而形成的“构罪即捕”观念也是造成逮捕适用率高的重要原因。因此
The unusually high arrest rate is a prominent issue in the judicial practice of the arrest system in the past, which has caused the situation to be excessively general and ambiguous with respect to the conditions of arrest. However, when investigating authorities request arrests, they only focus on the evidence of conviction. When arresting people, There is a significant relationship only with the transfer of conviction evidence. In order to stabilize and reduce risk, the procuratorate organ for investigation and supervision has formed an important concept that the concept of “condemning crime, arresting and arresting” is also causing a high rate of arrest. therefore