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2012年新修改的刑事诉讼法对强制措施的大范围修改引起了社会的广泛关注与讨论,特别是对逮捕条件的明确规定,成为了强制措施中最引人注目的问题。新修改的《刑事诉讼法》明确将“曾经故意犯罪”作为迳行逮捕条件之一,有利于保障刑事诉讼的顺利进行,但其过于绝对、宽泛的规定不符合辩证法的规律,实践中亦难以做到个案的公平,需要立法和司法更进一步的细化和完善。
The newly amended Code of Criminal Procedure in 2012 wide-ranging revision of coercive measures has aroused widespread concern and discussion in society. In particular, the explicit stipulation of the conditions of arrest has become the most conspicuous issue in coercive measures. The newly revised “Criminal Procedure Law” clearly defines “once deliberately committing a crime” as one of the conditions for arrest, which is conducive to ensuring the smooth progress of criminal proceedings. However, its “absolute” and “broad” provisions are inconsistent with the law of dialectics and in practice It is also difficult to achieve the fairness of the case and requires further refinement and improvement of the legislation and the judiciary.