附条件逮捕之理论初探

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。

Primary Theoretical Discussion on the Conditional Arrest

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.