论逮捕和羁押分离

An Analysis of Detention Seperated from Arrest

目前我国只存在有证逮捕,且羁押往往与逮捕相混,不利于刑诉程序的顺利开展。国外对逮捕和羁押分剐进行了规定,可以确保安全与自由、侦查的效率与程序正义得到合理平衡。确立逮捕和羁押分离原则是我国刑事诉讼中必须正视的问题。

At present China, arrest needs evidence and detention often intermingle with arrest. It isn＇ t conductive to the development of Criminal Procedure in China. But in foreign countries, detention is different from arrest, which can ensure efficiency and procedural justice. So establish a reasonable system is important to improve our system of arrest.