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逮捕作为最严厉的刑事强制措施,与公民权利保障密切相关。传统逮捕绝对数量巨大、逮捕率居高不下、“一捕了之”等诸多问题长期存在,逮捕适用恰当性问题急需解决。新《刑事诉讼法》以社会危险性条件替代逮捕必要性条件,对正确适用逮捕强制措施带来的有机遇,也有挑战。本文指出建立社会危险性审查制度有助于全面客观公正的对是否适用逮捕提供依据,具有程序正义的独立意义。
Arrest as the most severe criminal coercive measure is closely related to the protection of civil rights. The absolute number of traditional arrests is huge, the arrest rate remains high, many problems such as “one caught” persist for a long time, and the issue of appropriating the appropriateness of arrest urgently needs to be resolved. The new Code of Criminal Procedure replaces the necessity of arrest with social risk conditions and poses challenges to the proper application of the opportunities brought about by the arrest coercive measures. This article points out that establishing a system of social risk censorship helps to provide an objective, fair and just basis for the application of arrests and has the independent significance of procedural justice.