引言:问题的提出逮捕剥夺了犯罪嫌疑人、被告人的人身自由,是刑事诉讼强制措施体系中最严厉的一种。从中国刑事诉讼法越来越重视“保障人权”理念的视角看,逮捕应当作为强制措施最后之手段,“非君子之器,不得已而用之”~①应该是理所当然的。然而,在实践中,根据各年份《中国法律年鉴》的统计,我国的逮捕率一直较高,具体数据如表1所示。再加上广为诟 Introduction: The Issue Arrests depriving the suspects and defendants of their personal freedom are the most severe forms of compulsory measures in criminal proceedings. From the perspective of China’s criminal procedural law, which places more and more importance on the concept of “safeguarding human rights,” arrest should be taken as the last resort of coercive measures. “It is a matter of course that” non-gentlemen’s devices should be used as a last resort. " However, in practice, according to the statistics of the Year of China Law Yearbook, the arrest rate in our country has always been high, as shown in Table 1. Together with widely criticized