逮捕权是最为严厉的一种限制人身自由的措施,从保障人权的角度来说,慎用逮捕权、加强对批捕权的内部监督制约,是人权保障的应有之义。然而,实际办案过程中由于监督不到位,对逮捕权使用不慎的现象时有所见,有人甚至为了侦查案件的方便而“以捕代侦”。 The right to arrest is the most severe measure to restrict personal freedom. From the perspective of human rights protection, it is the proper meaning of human rights protection to be careful about the power of arrest and to strengthen the internal supervision and restriction of the right of arrest. However, in the actual handling of the case, supervision was not in place because of the use of the right to arrest when seen inadvertently, and some even in order to detect the convenience of the case “to capture the investigation.”