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刑事诉讼法修改实施以来,逮捕条件相比原规定相对放宽。但在司法实务中,在刑事赔偿和错案追究制的双重压力下,因对错案的界定模糊,从高掌握批捕标准的现象广泛存在,从而抑制了逮捕功能的正常发挥。本文对错捕的概念以及标准、错捕与刑事赔偿二者之间的关系、批捕案件质量的科学评判等问题作了探讨,并提出厘清错捕的评价标准是解决上述问题的关键所在。
Since the revision of the Criminal Procedure Law, the conditions for arrest have been relatively relaxed compared with the original one. However, in the judicial practice, under the dual pressures of criminal compensation and miscarriage of justice, the definition of arresting cases is widespread due to the vague definition of right and wrong cases and the normal functioning of the arrest is inhibited. This paper discusses the concept of wrong trawl, the relationship between the standard of wrong trapping and the criminal compensation, and the scientific evaluation of the quality of arresting and arresting the case. It also points out that the evaluation standard of wrong trapping is the key to solve the above problems.