不批准逮捕制度的缺陷与完善

The Drawbacks of the Non-authorized Arresting System and Its Perfection

检察机关在审查批捕过程中,在对逮捕之法律规定的三个条件的把握方面存在一些问题,如对"有证据证明有犯罪事实"的条件执行得较严格,而对"可能判处徒刑以上刑罚"的要件则往往忽略,对"有逮捕必要"之审查方面,也出现很大的随意性。因此,应通过取消公安机关撤回案件行为、统一不批准逮捕审查标准、扩大不批准逮捕制度的适用范围、完善不批准逮捕的救济途径等举措对现行的不批准逮捕制度予以立法完善。

While they decide whether or not to arrest someone according to the 3 essential conditions, the prosecutions usually pay more attention to the stipulation that the crime has been proved than that the criminal might be sentenced to at least an imprisonment. As to the must to arrest him or her, it could be fairly flexible. This, as it goes on, will definitely damage the state＇s legal system and infringe upon human rights. The prosecutions are under the obligation to deal with the arrest properly, so , in practice, to better the institution of arrest and to make a less severe penalty system, the key point is how to carry out the no-arrest policy.