“逮捕必要性”规则的适用及有效性

Application of the Principle of "Necessity of Arrest" and Its Effectiveness

我国反映审前羁押状况的"逮捕率"始终居高不下。作为批准、决定逮捕的三个法定条件之一,"逮捕必要性"条件在实际适用中存在诸多困难,致其在抑制审前羁押膨胀上作用的局限。只有严把"逮捕必要性"的适用条件,抑制其规则的内外因素,才能更好贯彻落实宽严相济刑事司法政策。

In China,the ＂arrest rate＂ reflecting pretrial detention conditions has always been high.As one of the three legal conditions to approve and decide arrest,there are many difficulties in actually applying the condition of ＂necessity of arrest＂,which causes the limit in restraining the expansion of pre-trial detention.Only through being strict with the application of ＂necessity of arrest＂ and restraining the internal and external factors of the regulation can we better implement the criminal justice policy combining punishment with leniency.