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我国刑事诉讼法对逮捕条件的规定存在一定的缺陷,在某种程度上造成司法实践中出现问题。通过从诉讼法学、立法学以及逻辑学的角度,对逮捕的三个条件逐一进行分析、论证,认为:逮捕的第一个条件“有证据证明有犯罪事实”的表述既不符合文法,也不符合逻辑;逮捕的第二个条件“可能判处徒刑以上刑罚”缺乏法律用语的严谨性;而第三个条件“具有社会危险性”而“有逮捕必要”在司法实践中不易把握,亟待进一步明确。
Our country criminal procedure law has some defects to the stipulation of the arrest condition, to some extent causes the question in the judicial practice. From the point of view of procedural law, legislation and logic, this paper analyzes and argues the three conditions of arrest one by one and argues that the first condition of arrest, “the fact that there is evidence to prove that there is a crime” Nor is it logical; the second condition of the arrest is that “the sentence of imprisonment may be imposed” may lack the rigor of the legal language; and the third condition is “socially dangerous” and “necessary for arrest” Difficult to grasp in practice, urgent need to be further defined.