修订后的刑事诉讼法对逮捕的条件作出了细化,遵从了无逮捕必要推定原则,但在司法实践中,各地对逮捕的把握仍多停留在“构罪即捕”的层面,对逮捕必要性审查的忽视、公安机关过分追求提请批捕率、检察机关对决定采取除批捕或不批捕以外的其他强制措施的权利缺失等多层原因造成了多年来全国逮捕率持续偏高,导致逮捕功能异化,逮捕权滥用。因而,本文认为深度探析逮捕率偏高的原因并找出解决方法,完善逮捕必要性审查制度,对我国的司法改革建设具有重要的现实意义。 The amended Code of Criminal Procedure elaborates the conditions of arrest and complies with the principle of unnecessary presumption of arrest. However, in judicial practice, the arrests in various places still remain at the level of “criminal conviction” The negligence of the necessity review of arrests, excessive pursuit by the public security organs of the arrest rate, and the lack of the right of the procuratorial organs to decide on the enforcement of measures other than those for arrest or non-arrest resulted in the persistently high arrest rate throughout the country resulting in the arrest Alienation of functions, abuse of right of arrest. Therefore, this paper believes that it is of great practical significance for us to probe deeply into the reasons for the high arrest rate and to find solutions to improve the necessity of arrest arrest system, which is of great practical significance to the judicial reform in our country.