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审查逮捕权的异化是指将审查批准逮捕混淆于或倾斜于刑事侦查权利、控诉权利等现象,是导致我国在审查批准逮捕流程程序涌现众多问题的重要原因之一。我国审查逮捕程序从形式上,总体是符合程序裁决权的运行要求的,但是,不论是从法律法规还是从实际执行过程中都具有检察机关在审查批准逮捕时同时行使侦查权利和控诉权利,把审查批准逮捕权和诉讼权利甚至审判权利混淆,这就是审查逮捕权异化下的职能错位。
The alienation of the power to examine the arrest refers to the phenomenon of confusing the examination and approval of the arrest with or leaning to the rights of criminal investigation and the right to complain. It is one of the important reasons that led to many problems in our review and approval process of the arrest. In our country, the procedure of censorship and arrest is formally and generally in line with the operational requirements of procedural arbitration rights. However, both prosecutors and procuratorates have the right to investigate and prosecute at the same time when examining and approving arrests, both from laws and regulations and from the actual implementation process. The review and approval of the confusion between the right of arrest and the right to litigation, or even the trial of the right to trial, is to examine the dislocation of functions under the alienation of the right of arrest.