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逮捕剥夺了犯罪嫌疑人的人身自由,是我国刑事诉讼法刑事强制措施当中最为严厉的措施。行使逮捕权应该本着谨慎的态度,但是目前我国逮捕率较高,在司法实践当中也出现了一系列问题。因此2012年刑事诉讼法修改后,对逮捕必要性提出了更高的要求。由此,笔者从新刑事诉讼法的背景下出发,对逮捕必要性审查进行系统地论述,以促进司法实践工作更好地展开。
The deprivation of personal freedom of criminal suspects is the most severe measure of criminal compulsory measures in criminal procedure law in our country. The exercise of the power of arrest should be based on a cautious attitude, but at present there is a high arrest rate in our country and a series of problems have also emerged in judicial practice. Therefore, after the revision of the Criminal Procedure Law in 2012, higher requirements were put forward for the necessity of arrest. Therefore, based on the background of the new criminal procedure law, the author discusses systematically the necessity of arrest arrest to promote the judicial practice.