逮捕措施适用的实证分析

Empirical Analysis of Application of Apprehension

逮捕是刑事诉讼中最严厉的强制措施。逮捕措施的适用,既要保证准确有力地打击犯罪,又要保障人权。当前逮捕措施在适用中存在着一些问题,应当进一步完善检察机关对公安机关撤销、变更逮捕措施的监督制度和检察机关决定逮捕制度以及逮捕的执行制度。

Apprehension is the most severe coercive measure in criminal prosecution, The application of arrest should ensure not only to combat crime effectively, but also to protect human rights. At present, some effective practices of arrest have been implemented, and conditions of apprehension have been applied correctly at the meantime, However, there still exist some problems. We should take further steps to improve these systems, e. g, the procuratorial departments should supervise public security department＇s revoking and changing arrest; and the system of the procuratorial departments determining apprehension and the execution system of arrest.