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对修改后刑诉法实施前后审查逮捕阶段的数据进行分析,有助于了解修改后刑诉法适用的问题及状况。笔者从审查逮捕阶段证据合法性审查的现状及问题出发,进行实证分析并提出若干完善审查逮捕阶段证据合法性审查制度建议。一、从不捕率看证据合法性审查的实效及原因修改后刑诉法实施之后,审查逮捕阶段检察机关对于证据要求更为严格,且更加注重合法性审查。依据常理推之,证据不足不予批准逮捕案件数量所占比例应有所增加。但通过图1可知,仅B市
The analysis of the data before and after the implementation of the amended Criminal Procedure Law during the review and apprehension phase will help to understand the problems and conditions applicable to the amended Criminal Procedure Law. Based on the review of the status quo and issues of the legality review of evidence at the arrest stage, the author conducts an empirical analysis and puts forward some suggestions to improve the censorship of evidence legality during the arrest phase. First, the rate of non-capture to see the legality of the validity of the evidence and the reasons for review After the implementation of the Criminal Procedure Law, the prosecution of the review stage of prosecution for more stringent evidence requirements, and pay more attention to the legality of the review. According to common sense, there is an increase in the proportion of arrest cases that are not granted without sufficient evidence. However, we can see from Figure 1 that only B city