新《刑事诉讼法》背景下公安机关提请批捕面临的压力及对策

The Pressure and Countermeasure of Public Security Organ's Request for Approval of Arrest under the Background of the New Code of Criminal Procedure

公安机关是逮捕制度的主要适用机关之一,而适用条件和证明标准是公安机关在适用逮捕制度时首要面临的两大问题。现行《刑事诉讼法》在对刑事强制措施体系和相关证据规则进行重大调整的同时,对逮捕的适用条件进行了大幅修改。由于传统的办案思路、对刑事政策的曲解、旧有实体法理论的影响等原因,使公安机关在新《刑事诉讼法》背景下的提请批捕工作面临诸多压力。公安机关应当坚持法治信仰,树立程序意识,准确把握法条原意,构建科学的提请批捕证明体系,以保证对逮捕制度的合法准确适用。警法学界也应当适当改造传统实体法理论,使公安刑事办案走向法治导向的正途。

The public security organ is one of the main application organs in the arrest system. The application condition and the standard of proof are two primary problems for the public security organ in the application of the arrest system. In the existing Criminal Procedure Law while a major adjustment was made in the system of criminal compulsory measures and relevant rules of evidence, the application condition of arrest was substantially modified. Under the background of the new Criminal Procedure Law, the public security organ＇s request for approval of arrest is facing more pressures because of the traditional thinking of criminal handling, the distortion of the criminal policy, the influence of the old substantive law theory and other reasons. In order to en- sure the validity and accuracy of the arrest system, the public security organ should adhere to the belief in the rule of law, establish the consciousness of procedure, accurately grasp the intent of the law, and construct a scientific proof system of the application of arrest. And the researchers of police and law should reform the traditional substantive law theory appropriately, to make the criminal work of public security towards the rule of law oriented road.