附条件逮捕改革述评

A Review and Comment on the Reform of Conditional Arrest

与西方国家的逮捕制度相比,中国的逮捕制度有许多自身的特点,诸如逮捕行为与羁押状态合一、司法审查缺位、逮捕条件比较高、捕后羁押率居高不下等。司法实践中探索的附条件逮捕改革在解决这些问题上有其积极作用,然而也不可避免地带来一些新的问题,因此应对这一改革持审慎的欢迎态度。

Compared with arrest system in western countries, there are many characteristics of arrest system in China, such as the combination of arrest behavior and being put into custody, the lose of judicial review, the higher condition for arrest, and the higher rate of being put into custody, etc. The reform of conditional arrest which is now applied in practice has positive roles in solving problems mentioned above, meanwhile some negative influences have also occurred, therefore it is necessary to cautiously show approval of this reform.