逮捕制度之完善

The Perfection of Chinese Arrest System

逮捕是刑事强制措施中最为严厉的一种,它完全剥夺了犯罪嫌疑人、被告人的人身自由,和基本人权密切相关。逮捕本身是保障刑事诉讼的有效手段,但不当的逮捕则会成为践踏人权的工具,因此逮捕制度的合理性尤为重要。我国的逮捕制度有其自身的特点,同时也存在一些亟待解决的问题,在有关制度设计方面尚有完善空间。

Arrest which is the most draconian criminal coercive measure is closely related to the basic human rights, and the suspect and the accused would be deprived of personal liberty once they are under arrest. Arrest is the effective means of punishing the crime, but the unjust arrest would turn into the instrument for trampling human rights. Therefore, the reasonableness of arrest system is extremely important. Chinese arrest system has some distinguishing features, and also has some problems to be settled, and the design of the system still needs perfecting.