论批捕权的归属问题

逮捕是最严厉的强制措施 ,它与人身自由密切相关。逮捕具有“双刃性” ,如果处理不好 ,就会侵犯公民的人身自由。由检察机关行使批捕权是否能够保证逮捕的公正性是众多学者关注的焦点。本文试从我国逮捕制度的现状入手 ,分析由检察机关行使批捕权的弊端 ,并通过对检察机关性质的分析 ,建议引入司法审查原则 ,把批捕权归属于法院 ,以期使逮捕更加公正 ,使惩罚犯罪与保障人权达到和谐统一。

An Analysis on Who Should Perform the Right of Approval of Arrest

Arrest is the most stringent compulsory measure.It has close relations with individual's freedom. Arrest is a double-edged sword,it will violate individual's freedom if it is abused.The authority of approval of arrest is performed by procuratorial organ ,whether procuratorial organ can guarantee the justice is the focus of many experts.This paper attempts to analyse the deficiency on this authority performed by procuratorial organ from the actuality of our arrest system. The paper has some suggestions on importing judicial review and transforming this authority to court from analysis of procuratorial organ's nature.Thus we can make arrest become more justice and the punishment of the crime be in harmony with the protection of human rights.