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我国法律对逮捕批准及决定权与逮捕执行权作了明确的分离规定,但又规定有逮捕执行权的公安机关拥有部分逮捕变更权,却未建立对该部分逮捕变更权的有效监督制约制度,导致逮捕变更权被不当行使。因此,应当建立并完善对公安机关变更逮捕措施的监督与制约制度,即建立人民检察院对公安机关变更批准逮捕措施的审查建议制度,禁止公安机关变更决定逮捕措施。
The law of our country has made a clear separation between the approval of arrest and the power of arrest and execution. However, it is also stipulated that the public security organ that arrests the enforcement power owns part of the power of arrest and change, but has not established an effective supervision and restriction system for the arrest and change power of this part. Resulting in the right to change the arrest was improperly exercised. Therefore, the system of supervision and restriction on the change of arrest measures by the public security organs should be established and perfected, that is, the People’s Procuratorate shall be established to review the system of examination and approval of public security organs’ approval of arrests, and the public security organs shall be prohibited from changing their decision to arrest.