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当前,捕前公开审查制度存在审查逮捕程序行政化、审查过程缺乏多方主体参与、审查决定忽视无逮捕必要性的审查、逮捕决定程序缺乏有效监督、犯罪嫌疑人权利缺乏救济和保障等问题,并面临着执法理念尚未转变、缺乏统一的制度规范、制度落实效果不明显等困境,建议进一步完善诉讼程序规则,明确受案范围、审查主体、流程规范等具体程序,并健全律师介入、说明理由等配套制度。
At present, the system of examining and arresting public procurators before the catastrophe system has the problems of administrative review and apprehension procedure, lack of multi-party participation in the review process, reviewing the necessity of negligence without review, lack of effective supervision over the arrest decision process, and lack of remedies and safeguards for suspects’ rights. Faced with the fact that the concept of law enforcement has not yet been transformed, there is a lack of a unified system of rules and regulations, and the effect of system implementation is not obvious, it is suggested to further improve the procedural rules, clarify the specific procedures for the scope of the cases, the main body of the examination, and the process specifications, and improve lawyers’ involvement and justification Supporting system.