附条件逮捕制度的构建

Construction of the System of Conditional Arrest

我国现行的侦查和起诉关系,导致侦查取证不到位,诉讼效率低下。应在现行法律框架内,建立附条件逮捕制度来完善我国的侦查和起诉关系,强化检察机关对侦查机关取证工作的引导,适应现实中逮捕标准过高和犯罪形势复杂等问题,提高审前追诉程序的运作效率,在有效追诉犯罪的同时积极保障人权。

The current relationship between prosecutors and police in our country has separated the relationship between investigation and prosecution so that investigation and evidence collection is not appropriate,and the litigation is under low efficiency,Under the existing legal framework of our country,the system of conditional arrest should be established to improve the relationship between prosecutors and police,strengthen the prosecution＇s guidance on police＇s evidence gathering,adapt to the problems of over-high standard of arrest and complicated crime situation in reality,improve the efficiency of operation of pre-trial prosecution program,and protect human rights actively in effective prosecution of crime.