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长期以来,在以打击犯罪为价值目标的刑法司法理念指引下,我国的刑事司法实践一直存在着逮捕羁押普遍化问题,“一捕到底”“一押到底”现象十分突出。近年来在宽严相济刑事政策和保障人权社会思潮的影响下,逮捕率虽有所下降,但仍保持在75%以上,对于大多数基层检察机关来说,逮捕率远远高于这个数字。21与此同时,逮捕后的羁押问题凸显,一些监所甚至人满为患。为此,2012年新修订的《中华人民共和国刑事诉讼法》第93条特别增加了羁押必要性
For a long time, under the guidance of the criminal law and justice concept that aims at combating crime as the target of value, the criminalization practice in our country has always had the problem of the generalization of arrest and detention, and the phenomenon of “arresting a criminal in the end” is very prominent. In recent years, under the influence of the criminal policy of impartiality and strictness and the protection of human rights and social trends, the arrest rate has remained at above 75%, although the arrest rate is far above this figure for most grassroots procuratorates. At the same time, the issue of detention after arrest has been highlighted, with some prisons even overcrowded. For this reason, Article 93 of the “Criminal Procedure Law of the People’s Republic of China” newly revised in 2012 particularly increases the necessity of detention