我国刑事诉讼法规定了适用逮捕措施的三个条件,同时规定了径行逮捕的三种情形,此种立法状况较之以前有了明显的进步,但是,笔者认为,逮捕的刑罚要件、社会危险性要件和径行逮捕的立法设计存在缺陷,刑事诉讼法对逮捕条件的规定尚有进一步完善之必要。一、逮捕措施刑罚要件的立法缺陷根据我国刑事诉讼法的规定,适用逮捕措施必须具备三个要件:证据要件要求有证据证明有犯罪事实,刑罚(或罪行)要件要求行为人所犯罪行可能 The Criminal Procedure Law of our country stipulates three conditions for the application of arrest measures, and at the same time, it stipulates three situations in which arrests by pathways are made. Such legislative conditions have made a marked improvement over the previous ones. However, in my opinion, the elements of the arrests and social dangers There are deficiencies in the legislative design of elements and route arrests, and the provisions of the Criminal Procedure Law on the conditions of arrest are still necessary for further improvement. I. Legislative Defects of Penalty Elements of Arrest Measures According to the provisions of the Criminal Procedure Law of our country, there are three essential elements for the application of arrest measures: Evidence requires that there is evidence of the fact of crime and that elements of criminal (or criminal) conduct may require the perpetrator to commit a crime