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现行法律对逮捕条件的设置过于抽象,难以把握,易导致逮捕的随意性。建议对逮捕条件进行全面修改,作分列式规定。首先,将证据条件修改为“基本犯罪事实已经查清”;其次,根据刑法分则所规定的每个犯罪的法定刑,将犯罪划分为重罪、次重罪和轻罪,并相应规定应当逮捕、可以逮捕、不予逮捕三种情形。第三,相应地明确规定逮捕后的羁押期限。
The current law sets the conditions of arrest too abstract, difficult to grasp, easily lead to arbitrary arrest. It is suggested that the conditions of arrest be fully revised to make the separation rules. First of all, the conditions of evidence should be amended to read “the basic criminal facts have been ascertained.” Secondly, the crimes are classified as felony, minor felony and minor misdemeanor according to the legal punishment for each crime stipulated in the Criminal Division and correspondingly stipulated Arrest, you can arrest, not arrested three cases. Thirdly, the period of detention after arrest should be clearly set out accordingly.