附条件逮捕之理论初探

Primary Theoretical Discussion on the Conditional Arrest

附条件逮捕发端于司法实践,对协调办案需要和人权保障意义重大。但各地运行状况并不统一,学界也存在着一定的理论争议。对此可以从文本认同、理论认同和感情认同三个角度加以探讨,既指出理论质疑,也阐明其存在的合理性和改善的必要性。

Conditional arrrest stems from the judicial practice, and it is of great importance to strike the balance between the case-handling and the human right＇ s protection. But the judicial practices differ in different places,and the relevant theoretical controversies exist. So it is necessary to have a theoretical discussion from the perspectives of the identity of text, theory and feelings, and point out the theoretical controversies, the rationality of its existence as well as the necessity of its perfection.