批捕权配置问题研究

Research on the Ownership of Arrest Approval Power

随着我国司法改革的逐步深入,审查批捕权的归属成为争论的焦点,究其原因主要是对批捕权性质的认识不同。对批捕权归属的分析应在诉讼结构完善的基础上进行,并在此前提下,针对我国批捕权存在的问题,提出相应的配置思路。

With the developing of judicial reform in our country, the ownership of arrest approval power becomes the core of argument. The main argument is the nature of arrest approval power. The ownership of the power should be analyzed with procedural structure. Based on the survey of the above, this paper gives the suggestion for the ownership of arrest approval power in the present phase.