四、检察机关行使批准或决定逮捕权是否合理根据我国宪法和刑事诉讼法规定,逮捕除由法院决定外,均由检察院批准或者决定,而世界上大多数国家的批捕权是由法院或法官行使的。为此,一些学者对我国检察机关行使批捕权的正当性和合理性提出质疑,其主要理由是:批捕是具有裁判性质的权力,批捕权与检察机关所承担的控诉职 IV. Whether the procuratorial organs exercise the power of ratification or decide on the right of arrest According to the provisions of our Constitution and the Code of Criminal Procedure, arrests are approved or decided by the procuratorate unless decided by the court, whereas the arrest rights of most countries in the world are exercised by courts or judges of. For this reason, some scholars have questioned the validity and rationality of the procuratorial authority in China’s procuratorial organs. The main reasons are as follows: arrest arrest is a kind of power with the nature of referees, the right of arrest and the prosecution office