目前我国只存在有证逮捕,且羁押往往与逮捕相混,不利于刑诉程序的顺利开展。国外对逮捕和羁押分剐进行了规定,可以确保安全与自由、侦查的效率与程序正义得到合理平衡。确立逮捕和羁押分离原则是我国刑事诉讼中必须正视的问题。 At present, there is only evidence-based arrest in our country, and the detention is often mixed with the arrest, which is not conducive to the smooth development of criminal procedure. Foreign arrest and detention regulations have been made to ensure safety and freedom, the efficiency of investigation and procedural justice are reasonably balanced. The establishment of the principle of the separation of arrest and detention is a problem that must be faced in our criminal proceedings.